Executive Order 14160 of January 20, 2025, Protecting The Meaning And Value Of American Citizenship. EO on whitehouse.gov | Federal Register cite: 90 FR 8449 (January 29, 2025).
Status: Subject to nationwide preliminary injunctions preventing its implementation.
"Birthright citizenship" in the United States is established by Section 1 of the 14th Amendment of the Constitution which provides:
"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."
For background on citizenship at birth and the 14th Amendment see on Congress.gov's Constitution Annotated:
- Amdt14.S1.1.1 Historical Background on Citizenship Clause
- Amdt14.S1.1.2 Citizenship Clause Doctrine
- Amdt14.S1.1.3 Loss of Citizenship
Executive Order 14160, though, tells federal agencies to not recognize birthright citizenship of any individual born after 30 days from when the executive order was signed:
"(1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
(2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth."
Litigation
Arguing that it violates the 14th Amendment of the Constitution, numerous states and parties filed at least six lawsuits to halt Executive Order 14160. See Guttentag, Immigration Policy Tracking Project which is tracking this and other litigation. EO 14160 is currently subject to two nationwide preliminary injunctions preventing its implementation.
Specific Cases with Orders Blocking Implementation
State of Washington et al v. Trump et al. On January 21, 2025 the States of Washington, Arizona, Illinois, and Oregon filed suit in the U.S. District Court for the Western District of Washington against Executive Order 14160.
- Case citation: State of Washington et al v. Trump et al, No. 2:25-cv-00127, Judge John C. Coughenour presiding.
- On January 23, 2025 Judge Coughenour a temporary restraining order (TRO) that initially blocked the order for 14 days. Then on February 6, 2025 Judge Coughenour issued a nationwide preliminary injunction blocking implementation of Executive Order 14160 while litigation is pending.
- The Government appealed the District Court's preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit and asked the appeals court for a partial stay of the injunction. On February 19, 2025 the appeals court denied the Government's request for a stay, keeping the preliminary injunction in place.
- Read the Ninth Circuit's order denying the Government's motion for a stay of the injunction
CASA Inc. et al v. Trump et al. On January 21, 2025, CASA of Maryland filed suit in the U.S. District Court for the District of Maryland against Executive Order 14160.
- Case citation: CASA Inc. et al v. Trump et al, No. 8:25-cv-00201 (D. Md. 2025). Judge Deborah L. Boardman presiding.
- On February 5, 2025 Judge Boardman issued a nationwide preliminary injunction that blocks implementation of the executive order while litigation challenging its legality takes place.
- The Government appealed the District Court's preliminary injunction to the U.S. Court of Appeals for the Fourth Circuit and asked the District Court for a partial stay of the injunction pending the appeal. On February 18, 2025 the District Court denied the Government's request for a stay, keeping the preliminary injunction in place.
- Read the District Court's order denying the Government's motion for a stay of the injunction pending appeal
State of New Jersey v. Trump (1:25-cv-10139). Preliminary injunction issued. Plaintiffs: State of New Jersey, Commonwealth of Massachusetts, State of California, State of Colorado, State of Connecticut, State of Delaware, District of Columbia, State of Hawai‘i, State of Maine, State of Maryland, Attorney General Dana Nessel for the People of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Rhode Island, State of Vermont, State of Wisconsin, City & County of San Francisco