Franco Aleman v. President Trump
Overview
Overview
A coalition of state attorneys general sued President Trump over the constitutionality of the order. The suit alleges the EO violates the 14th Amendment of the Constitution. This case was consolidated with a similar suit from the Northwest Immigrant Rights Project, on behalf of 3 expecting mothers.
The Issue
Issue
Whether an executive order purporting to eliminate automatic birthright citizenship for children born to undocumented immigrants violates the 14th Amendment's Citizenship Clause.
The Rules
Rule
The 14th Amendment provides that all persons born in the United States and subject to its jurisdiction are citizens. Under United States v. Wong Kim Ark, this includes children born within U.S. territory regardless of parental immigration status, with narrow exceptions only for children of foreign diplomats.
The Application
Analysis
The executive order seeks to redefine 'subject to the jurisdiction thereof' to exclude certain categories of children, directly contradicting both the amendment's plain language and established Supreme Court precedent interpreting jurisdiction broadly.
The Conclusion
The court consolidated this NIRP individual and class action into the lead state coalition case, State of Washington v. Trump (2:25-cv-00127-JCC), and closed this docket on January 27, 2025. All subsequent litigation, including the nationwide preliminary injunction and appellate review, proceeds in the lead case.
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