This is the appeal of the district court’s preliminary injunction of President Trump’s attempt to deny birthright citizenship to certain children of immigrants born in the United States.
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 CASA v. Trump.
On October 3, 2025, the panel largely upheld the district court’s preliminary injunction from February 2025, and remanded to the district court for further consideration. The panel did vacate the injunction so that it may only apply to agency officials, rather than the agencies themselves.
Technical Summary
Plaintiffs claim that the order violates: The Fourteenth Amendment of the Constitution; the constitutional principle of separation of powers; federal statute 8 U.S.C. § 1401; and is in violation of the APA (5 U.S.C. § 706(2)(A)-(D)) as being “arbitrary and capricious, unconstitutional, [and] contrary to statute.”
Plaintiffs seek declaratory relief, injunctive relief in blocking defendants from implementing or enforcing the order, and vacatur of any actions in implementing or enforcing the order.
This case has been informally consolidated with another case raising the same claims, O. Doe v. Trump.
Latest Updates
- 02/19/2025Order of Appeal Docketed
