Executive Order Ending Birthright Citizenship
Attempts to end birthright citizenship guaranteed by the 14th Amendment for children born in the U.S. to undocumented parents or those on temporary visas. Multiple federal courts issued injunctions blocking enforcement. The Supreme Court ruled 6-3 in Casa that nationwide injunctions are limited but did not rule on the merits.
Details
Attempts to end birthright citizenship guaranteed by the 14th Amendment for children born in the U.S. to undocumented parents or those on temporary visas. Multiple federal courts issued injunctions blocking enforcement. The Supreme Court ruled 6-3 in Casa that nationwide injunctions are limited but did not rule on the merits.
Date Issued
2025-01-20
Type
Executive Order
Legal & Institutional Responses (3)
CASA v. Trump - Birthright Citizenship Challenge (Supreme Court)
Multiple challenges to the birthright citizenship EO consolidated at the Supreme Court. The Court ruled 6-3 that nationwide injunctions are limited but did not rule on the merits of the EO. Three district courts and the Ninth Circuit found the EO unconstitutional under the 14th Amendment. Class certifications granted. Case on the merits accepted by Supreme Court.
Washington v. Trump - Birthright Citizenship Injunction
State of Washington, joined by other states, challenged the birthright citizenship EO. District Judge Coughenour granted a preliminary injunction. Ninth Circuit affirmed 2-1, ruling the EO is unconstitutional under the 14th Amendment - the first appellate court ruling on the merits.
Nationwide Class Certification - Birthright Citizenship (Post-Casa)
After the Supreme Court's Casa ruling limiting nationwide injunctions, Judge Laplante granted nationwide class certification and preliminary injunction for all persons born after Feb 20, 2025 affected by the birthright EO. Judge Sorokin ruled his initial injunction remained valid under a Casa exception. Three courts blocked the EO after Casa.
Affected Agencies
- Department of Homeland Security
- Department of State