Casa Inc., Asylum Seeker Advocacy Project, and five pregnant women v. President Trump.
Case Overview
A group of advocacy organizations, with assistance from the Institute for Constitutional Advocacy and Protection at Georgetown Law sued President Trump over the constitutionality of the order. The plaintiffs include 5 pregnant women whose expected children would be targeted by the EO.
BrynoDC Coverage 8 videos
The Application
Plaintiffs challenge the birthright citizenship order as exceeding executive authority by attempting to deny citizenship rights guaranteed by the Fourteenth Amendment, directly affecting the expected children of five pregnant women whose non-citizen status would render their children ineligible under the order.
The Conclusion
The case is active before Judge Deborah L. Boardman in the Middle District of Maryland; the court must determine whether the executive order violates the Fourteenth Amendment or represents a valid exercise of presidential authority over immigration and naturalization.
No circuit court data for this case.
No Supreme Court data for this case.
Case Analysis
Overview
A group of advocacy organizations, with assistance from the Institute for Constitutional Advocacy and Protection at Georgetown Law sued President Trump over the constitutionality of the order. The plaintiffs include 5 pregnant women whose expected children would be targeted by the EO.
Issue
Whether an executive order restricting birthright citizenship to exclude children born to non-citizen parents violates the Fourteenth Amendment's citizenship guarantee.
Rule
The Fourteenth Amendment's Citizenship Clause provides that 'all persons born or naturalized in the United States...are citizens of the United States.' This provision has been interpreted to grant automatic citizenship to children born within U.S. territory regardless of their parents' immigration status (United States v. Wong Kim Ark). Executive orders cannot override constitutional provisions.
Analysis
Plaintiffs challenge the birthright citizenship order as exceeding executive authority by attempting to deny citizenship rights guaranteed by the Fourteenth Amendment, directly affecting the expected children of five pregnant women whose non-citizen status would render their children ineligible under the order.
Conclusion
The case is active before Judge Deborah L. Boardman in the Middle District of Maryland; the court must determine whether the executive order violates the Fourteenth Amendment or represents a valid exercise of presidential authority over immigration and naturalization.
Notes
CourtListener 404. Docket may have been removed or ID is incorrect
Flag an issue
This tracker is maintained by BrynoDC and is free because readers fund it. Support