This is an appeal of a district court’s preliminary injunction of President Trump’s attempt to deny birthright citizenship to certain children of immigrants born in the United States, in a case brought by CASA and ASAP (immigrants’ rights organizations) and five pregnant women.
On February 28, 2025, the Fourth Circuit denied the federal government’s request to stay (pause) the district court’s preliminary injunction while this appeal proceeds.
On March 13, the government appealed to the Supreme Court, seeking a partial stay of the district court's injunctions in this case, in State of Washington v. Trump, and in State of New Jersey v. Trump.
The briefing of the merits appeal is ongoing as well, with oral argument to be set during the Court’s September 2025 sitting.
On July 17, given an indicative ruling issued by the district court that it would grant Plaintiffs’ motion for a class-wide preliminary injunction if it had the authority to do so, Plaintiffs moved the Court of Appeals for a limited remand to allow the district court to do so.
Technical summary:
In denying the government’s motion for a stay pending appeal, the Fourth Circuit joined the Ninth Circuit in State of Washington v. Trump (denying a similar stay request) in finding that the government did not show that it was likely to succeed on the merits of its argument against universal injunctions. It stated that the Supreme Court too has affirmed the equitable powers of district courts to, in appropriate cases, issue nationwide injunctions. In this case, it was appropriate because the district court order enjoined a “categorical policy”; the “facts would not require different relief for others similarly situated” to the plaintiffs; and “limiting the injunction would make the citizenship of babies turn on the happenstance of their parents’ membership in the plaintiff organizations, causing ‘inequitable treatment’ in an area in which uniformity is needed.”
Latest Updates
- 05/30/2025
Full Timeline and Documents
- 02/18/2025Appeal Docketed
