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 a February 5, 2025 nationwide preliminary injunction 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 a February 5, 2025 nationwide preliminary injunction 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 of the U.S. District Court for the Western District of Washington issued a temporary restraining order (TRO) on January 23, 2025 that blocks the order for 14 days. The TRO is renewable when it expires.
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.