newsletter 02/25/25

A victory for birthright citizenship!

Today, ICAP, CASA, and the Asylum Seeker Advocacy Project (ASAP) obtained a nationwide preliminary injunction barring the government from implementing President Donald Trump’s Executive Order on birthright citizenship. The Executive Order attempted to deny citizenship to children born in the United States to mothers without lawful presence in the U.S. and mothers with lawful, but temporary, presence in the United States, unless the father is a U.S. citizen or lawful permanent resident. The preliminary injunction issued by U.S. District Court Judge Deborah Boardman applies nationwide, effective immediately, to protect the constitutional rights of hundreds of thousands of people, including the five pregnant mothers we represent, their unborn children, and the members of ASAP and CASA.

Although a federal district court judge in Washington had previously issued a 14-day temporary restraining order enjoining the Executive Order, Judge Boardman’s order is the first preliminary injunction barring any government implementation of the order. The preliminary injunction lasts indefinitely. In issuing her ruling from the bench immediately after oral argument, Judge Boardman noted that the Executive Order conflicts with the plain language of the 14th Amendment, contradicts 125-year-old binding Supreme Court precedent, and runs counter to the country’s history of recognizing citizenship by birth. Read more on today’s hearing here and here. 

We are thankful for all of our supporters and partners who make this important work possible. We will continue to use the power of the courts to protect constitutional rights and values.