Key Updates
Summary
Effective February 19, 2025, no department or agency of the U.S. government shall issue documents recognizing U.S. citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize U.S. citizenship, to persons when their mother was unlawfully present in the U.S. and their father was not a U.S. citizen or legal permanent resident at the time of their birth; or when their mother’s presence in the U.S. was temporary, including when visiting the U.S. under the Visa Waiver Program or visiting on a student, work, or tourist visa, and their father was not a U.S. citizen or legal permanent resident at the time of their birth.
Legal Challenges
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Date Complaint Filed |
January 20, 2025 |
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Venue |
U.S. District Court for the District of New Hampshire (D.N.H.) |
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Summary |
Trump’s EO 14160 seeks to end birthright citizenship for people who are “not subject to the jurisdiction thereof” per the Fourteenth Amendment. The executive order states that U.S. citizenship will no longer extend to persons born in the U.S. to a mother who is unlawfully present or temporarily present, and a father who is undocumented. Plaintiffs—New Hampshire Indonesian Community Support, LULAC, and Make the Road New York—sue Defendants—President Trump, DHS and the DHS Secretary, DOS and the Secretary of State, USDA and the Secretary of Agriculture, and the Centers for Medicare and Medicaid Services and their Administrator. Plaintiffs claim that EO 14160 violates the Fourteenth Amendment’s Citizenship Clause, 8 U.S.C. § 1401(a), and the APA. Plaintiffs request that the EO be declared unconstitutional and that it be preliminarily and permanently enjoined. |
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Related Cases |
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Case Updates |
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