On January 21, 2025, a group of states—Washington, Arizona, Illinois, and Oregon—filed a lawsuit challenging President Trump’s executive order seeking to deny birthright citizenship to children born in the United States if, at the time of the child’s birth, (1) their mother was either “unlawfully present in the United States” or the “mother’s presence in the United States . . . was lawful but temporary” and (2) their father was not a U.S. citizen or lawful permanent resident. Plaintiff states allege that the executive order violates the Constitution and a federal statute.
Soon after filing suit, Plaintiffs requested a temporary restraining order (TRO) to block the administration from implementing the order. On January 23, Judge Coughenour granted a nationwide TRO until February 6. On February 6, the court issued a preliminary injunction blocking the enforcement and implementation of the executive order. Defendants appealed the order granting the preliminary injunction, and Judge Cougenhour stayed (paused) proceedings in the case pending resolution of Defendants’ appeal.
On June 30, Plaintiffs filed an emergency motion to lift the judge’s stay and seek an expedited briefing schedule for their motion to seek class certification. On July 3, Judge Cougenhour denied Plaintiffs’ motion, claiming that it would be premature to do so while the appeal at the Ninth Circuit is ongoing.
On July 24, the Ninth Circuit affirmed the district court’s ruling, upholding the preliminary injunction of the executive order.
Please refer to CASA v. Trump for the most current updates on the status of the birthright citizenship litigation.
Technical Summary
Plaintiffs claim that the Executive Order violates (1) the Fourteenth Amendment of the U.S. Constitution (The Citizenship Clause); and (2) federal statute (8 U.S.C. § 1401).
Latest Updates
- 02/04/2025
- 01/23/2025
Full Timeline and Documents
- 01/21/2025
