Case Summary

The case was filed by the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Asian Law Caucus, State Democracy Defenders Fund, and Legal Defense Fund on behalf of organizations with members whose babies born on U.S. soil will be denied citizenship under the order, including New Hampshire Indonesian Community Support, League of United Latin American Citizens (LULAC), and Make the Road New York. The lawsuit charges the Trump administration with flouting the Constitution’s dictates, congressional intent, and longstanding Supreme Court precedent.

“Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values. Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is. This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans. We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration's overreach is so egregious that we are confident we will ultimately prevail,” said Anthony D. Romero, executive director of the American Civil Liberties Union.

“With this executive order, the president of the United States is once again attempting to violate the civil rights of American citizens and their immigrant family members,” said Juan Proaño, chief executive officer of LULAC. “This effort to demonize Brown and Black immigrants targets all immigrants in this country, regardless of their background. If not stopped, it will undermine the very essence of what it means to be an American and will tear families apart.”

Birthright citizenship is the principle that every baby born in the United States is a U.S. citizen. The Constitution’s 14th Amendment guarantees the citizenship of all children born in the United States (with the extremely narrow exception of children of foreign diplomats) regardless of race, color, or ancestry. Specifically, it states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

The 14th Amendment was ratified in 1868, overturning the Dred Scott decision that denied Black Americans the rights and protections of U.S. citizenship. In 1898, the U.S. Supreme Court confirmed in United States v. Wong Kim Ark that children born in the United States to immigrant parents were entitled to U.S. citizenship, and the principle has remained an undisturbed constitutional bedrock for over a century.

Litigation

Case Type: Immigrants' Rights

Location: New Hampshire, Maine, Massachusetts

Last Update: January 21, 2025

Legal Documents

District Court (D.N.H.)

01/20/2025 Complaint

01/21/2025 Motion for Preliminary Injunction

01/31/2025 Defendants' Memorandum in Opposition to Motion for Preliminary Injunction

02/04/2025 Plaintiffs' Reply in Support of Motion for Preliminary Injunction

02/10/2025 PI Order

Press Releases

Feb 10, 2025 Federal Court Blocks Trump Birthright Citizenship Executive Order

Jan 20, 2025 Immigrants’ Rights Advocates Sue Trump Administration Over Birthright Citizenship Executive Order

In the News