newsletter 08/24/26

Here we go again: We’re challenging the new birthright citizenship executive order

On June 30, 2026, the Supreme Court affirmed birthright citizenship for all of the babies we and others sued to protect over the last year and a half, holding that “children born of parents unlawfully or temporarily present in the United States” are “citizens at birth” because they “satisfy both elements of the Citizenship Clause:  they are ‘born . . . in the United States’ and ‘subject to the jurisdiction thereof.’”  Not even six weeks later, Donald Trump issued a new Executive Order purporting to take that right away for several vague categories of people who unquestionably fall within the class of babies the Supreme Court definitively held were citizens under the Fourteenth Amendment.

With our partners at We are CASA and the Asylum Seekers Advocacy Project, we’ve gone back to court, seeking a preliminary injunction to clarify that the federal government and all of its departments and agencies must honor the citizenship of our class members no matter how many times the President tries to take that right away.  The President cannot unilaterally amend the Constitution.

Read our motion here: https://icap.law.georgetown.edu/wp-content/uploads/2026/09/167-1-Brief-in-Support-of-Motion-for-Additional-Classwide-PI.pdf