Key Points
- Federal Judge John Coughenour issued a temporary restraining order on January 23, 2025, halting the implementation of President Trump’s Executive Order on birthright citizenship.
- The Executive Order, challenged as unconstitutional under the 14th Amendment, would limit citizenship rights for children born in the US to certain non-citizen parents.
- Multiple lawsuits have been filed, including cases in the Western District of Washington and the 4th Circuit Court.
- A hearing to determine whether the temporary block will remain in effect is scheduled for February 5, 2025.
Overview
On January 20, 2025, President Trump issued an Executive Order attempting to limit birthright citizenship, claiming that children born to certain non-citizen parents in the US would no longer automatically qualify as US citizens. This move has sparked widespread legal challenges, with plaintiffs arguing that the order violates the 14th Amendment, which guarantees citizenship to anyone born on US soil, except for the children of foreign diplomats.
Legal Challenges in Washington State
On January 23, 2025, Federal Judge John Coughenour of the US District Court in the Western District of Washington issued a Temporary Restraining Order (TRO) blocking the order nationwide. Judge Coughenour deemed the order “blatantly unconstitutional,” reaffirming the 14th Amendment’s protection of birthright citizenship. The TRO is set to last for 14 days, during which time the court will review further arguments.
This lawsuit was spearheaded by the Washington State Attorney General and joined by Oregon, Arizona, and Illinois. The coalition argues that the Executive Order undermines the Constitution and disrupts long-standing immigration principles.
4th Circuit Lawsuit
Another major lawsuit was filed by California’s Attorney General in the US District Court for the District of Maryland, joined by 17 states, the District of Columbia, and the City of San Francisco. The suit contends that the Executive Order is unconstitutional and has the potential to create significant harm for immigrant families and their US-born children.
This case highlights concerns over the Executive Order’s far-reaching implications, including denying US citizenship documentation, such as passports, to children born to parents in temporary immigration statuses or undocumented individuals.
Looking Ahead
For the Legal Community and Stakeholders:
- Monitor Court Hearings: A hearing is scheduled for February 5, 2025, to address the continuation of the temporary block on the Executive Order.
- Assess Legal Strategies: Immigration attorneys and advocacy groups should stay informed about the outcomes of these cases to effectively guide affected families.
For Families Affected by the Executive Order:
- Stay Informed: Families impacted by the proposed changes should consult legal counsel to understand their rights and options under current law.
- Track Legal Developments: The temporary restraining orders currently prevent the Executive Order from taking effect.
For Employers and HR Professionals:
- Understand Implications for Employees: Employers should be aware of how these potential changes might affect employees with families subject to immigration policies.
- Provide Support: Offer legal resources or consultations to employees navigating immigration-related concerns.
The legal battles surrounding the birthright citizenship Executive Order demonstrate such policy changes’ significant constitutional and human rights implications. As courts deliberate, stakeholders across the immigration landscape are urged to stay engaged and proactive in addressing the potential consequences of these developments.
Sources: US District Court of the District of Massachusetts, Corporate Immigration Partners, PC, and Envoy Global
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIP client, consult another qualified professional. This website does not create an attorney-client relationship with CIP.
