newsletter 09/02/26

Breaking News! Judge Enjoins 2026 Birthright Citizenship Executive Order as to Plaintiff Class

Before the “digital ink” on yesterday’s newsletter was dry, U.S. District Judge Deborah Boardman granted our motion for a preliminary injunction against the president’s attempt to insert its own exceptions into the Supreme Court’s recent ruling in Barbara v. Trump that the children of parents unlawfully or temporarily present in the United States “satisfy both elements of the Citizenship Clause:  they are ‘born . . . in the United States’ and ‘subject to the jurisdiction thereof.’  Under the Constitution, they are citizens at birth.”  That includes all of the children in the plaintiff class in CASA v. Trump — a class identical to the class in Barbara, including babies yet to be born.  As Judge Boardman explained, “The Supreme Court has spoken:  Children in the certified class are ‘citizens at birth.’ . . . Barbara is the law of the land.  The President must follow it.”

Although this is still a first step in challenging the president’s second attempt to deprive those born on U.S. soil of their citizenship, it’s an important one, and ICAP looks forward to continuing to defend this sacred right.  We’re grateful to the members of We Are CASA and the Asylum Seekers Advocacy Project who have had the courage to represent the plaintiff class since the first Executive Order in 2025, and to counsel at both organizations for their great partnership. It takes all of us, and all of our supporters, to get victories like these!