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2.0

EO 14160: "Protecting the Meaning and Value of American Citizenship"

  1. Original Date Announced

    January 20, 2025

    Presidential EO 14160 orders that individuals born in the U.S. are not "subject to the jurisdiction thereof" and hence not U.S. citizens at birth under the 14th Amendment if at the time of birth (1) the mother (defined as "immediate female progenitor") was unlawfully present or was lawfully present but temporary, and (2) the father was not a lawful permanent resident or citizen.

    EO further states that "it is the policy" of the U.S. that no department or agency shall issue or accept any document recognizing the citizenship of such individuals. This provision applies only to persons who are born within the U.S. after "30 days from the date of this order."

    EO orders Secretary of State, Attorney General, Secretary of Homeland Security, and Commissioner of Social Security, to align agency rules and policies with the EO, ensure that employees follow the policy, and issue public guidance on implementation within 30 days.

    Trump 2.0 [ID: #1404]

    2025.01.20 EO 14160 - Protecting the Meaning and Value of American Citizenship

  2. Effective Date

    February 19, 2025

  3. Subsequent Trump and Court Action(s)

    • January 20, 2025

      2025.01.20 Complaint Thien Le v. Trump

      A lawsuit challenging the birthright citizenship executive order described in this entry was filed in the U.S. District Court for the Central District of California. Thien Le v. Trump, 25-cv-00104 (C.D. Cal.).

      *see litigation note above*

      View Document
    • January 20, 2025

      2025.01.20 Complaint Doe v. Trump

      A lawsuit challenging the birthright citizenship executive order described in this entry was filed in the U.S. District Court for the District of Massachusetts. O. Doe v. Trump, 25-cv-10135 (D. Mass.).

      *see litigation note above*

      View Document
    • January 20, 2025

      2025.01.20 Complaint New Hampshire Indonesian Community Support v. Trump

      A lawsuit challenging the birthright citizenship executive order described in this entry was filed in the U.S. District Court for the District of New Hampshire. New Hampshire Indonesian Community Support et al. v. Trump, 25-cv-00038 (D.N.H.).

      **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

      View Document
    • January 21, 2025

      2025.01.21 Complaint New Jersey v. Trump

      A lawsuit challenging the birthright citizenship executive order described in this entry was filed in the U.S. District Court for the District of Massachusetts by 18 states plus the District of Columbia and the City and County of San Francisco. New Jersey et al v. Trump, 25-cv-10139 (D. Mass.).

      *see litigation note above*

      View Document
    • January 21, 2025

      2025.01.21 Complaint CASA v. Trump

      A lawsuit challenging the birthright citizenship executive order described in this entry was filed in the U.S. District Court for the District of Maryland. CASA v. Trump, 25-cv-00201 (D. Md.).

      *see litigation note above*

      View Document
    • January 21, 2025

      2025.01.21 Complaint Washington v. Trump

      A lawsuit challenging the birthright citizenship executive order described in this entry was filed in the U.S. District Court for the Western District of Washington by the states of Washington, Arizona, Illinois, and Oregon. Washington v. Trump, 25-cv-00127 (W.D. Wash.).

      *see litigation note above*

      View Document
    • January 23, 2025

      2025.01.23 TRO Washington v. Trump

      In Washington v. Trump, 25-cv-00127 (W.D. Wash.), Judge John Coughenour issued a nationwide Temporary Restraining Order (TRO) blocking the administration from enforcing or implementing sections 2(a), 3(a), or 3(b) of the EO in this entry pending further order from the court.

      Note: Per a Minute Order issued by the court later on January 23, the court specified that the nationwide TRO is effective as of 11:00AM and will remain in effect for 14 days, pending further orders from the court.

      *see litigation note above*

      View Document
    • January 24, 2025

      2025.1.24 Complaint, Franco Aleman v. Trump, 2:25-cv-163 (W.D.Wa.)

      A noncitizen pregnant women whose due dates are after the implementation date of EO 14160 filed a class action lawsuit in the Western District of Washington. The complaint alleges that the EO violates the Citizenship Clause of the Fourteenth Amendment and the Administrative Procedure Act. The plaintiffs seek declaratory and injunctive relief to prevent enforcement of the EO. Franco Aleman v. Trump, 2:25-cv-00163 (W.D. Wa.).

      *see litigation note above*

      View Document
    • January 30, 2025

      2025.01.30 Complaint OCA Asian Pacific American Advocates v. Rubio

      A lawsuit challenging the birthright citizenship executive order described in this entry was filed in the U.S. District Court for the District of Columbia. OCA - Asian Pacific American Advocates v. Rubio, 25-cv-00287 (D.D.C.).

      *see litigation note above*

      View Document
    • January 30, 2025

      2025.01.30 Complaint County of Santa Clara v. Trump

      A lawsuit challenging the birthright citizenship executive order described in this entry was filed in the U.S. District Court for the Northern District of California. County of Santa Clara v. Trump, 25-cv-00981 (N.D. Cal.).

      *see litigation note above*

      View Document
    • February 4, 2025

      2025.2.4 Consolidated Complaint, Washington v. Trump, 2:25-cv-00127-JCC (W.D.Wa.)

      Judge John C. Coughenour ordered the consolidation of two cases challenging EO 14160. Franco Aleman v. Trump, 2:25-cv-00163, brought by noncitizen pregnant women whose due dates are after the implementation of the EO, and Washington v. Trump, 25-cv-00127, brought by the states of Washington, Arizona, Illinois, and Oregon, will henceforth be identified as Washington v. Trump, 2:25-cv-00127-JCC (W.D. Wa).

      On February 4, the plaintiff states in Washington v. Trump and the individual plaintiffs in Franco Aleman v. Trump filed a consolidated complaint, alleging EO 14160 violates the Fourteenth Amendment, the INA, and the Administrative Procedure Act (APA).

      *see litigation note above*

      View Document
    • February 5, 2025

      2025.02.05 CASA v. Trump, 25-cv-00201 (D. Md.) - Memorandum Opinion and Order Granting Preliminary Injunction

      In CASA v. Trump, 25-cv-00201 (D. Md.), Judge Deborah Boardman issued a preliminary injunction against the birthright citizenship executive order described in this entry. The injunction applies nationally and will remain in place as the case is adjudicated.

      *see litigation note above*

      View Document
    • February 6, 2025

      2025.02.06 Washington v. Trump, 25-cv-00127 (W.D. Wash.). - Order Granting Preliminary Injunction

      In Washington v. Trump, 25-cv-00127 (W.D. Wash.), Judge John Coughenour issued a preliminary injunction against the birthright citizenship executive order described in this entry.

      This action follows Judge Coughenour’s initial suspension of the executive order’s enforcement with a two-week restraining order issued on January 23.

      *see litigation note above*

      View Document
    • February 10, 2025

      2025.02.11 New Hampshire Indonesian Community Support, et al. v. Trump, 1:25-cv-38-JL-TSM (D.N.H.) - Preliminary Injunction

      In New Hampshire Indonesian Community Support Group v. Trump, 1:25-cv-00038-JL-TSM (D.N.H.), Judge Joseph LaPlante issued a preliminary injunction against the birthright citizenship executive order described in this entry. Judge LaPlante issued a lengthier written order on the preliminary injunction on February 11.

      This action follows Judge Coughenour’s initial suspension of the executive order’s enforcement with a two-week restraining order issued on January 23.

      *see litigation note above*

      View Document
    • February 13, 2025

      2025.02.13 Doe v. Trump Preliminary Injunction

      Judge Sorokin of the District Court of the District of Massachusetts granted a preliminary injunction in Doe v. Trump, No. 25-10135-LTS (D. Mass), enjoining the government from implementing and enforcing Executive Order No. 14,160 " against plaintiff O. Doe, or against any member of La Colaborativa or the Brazilian Worker Center."

      *see litigation note above*

      View Document
    • February 13, 2025

      2025.02.13 New Jersey v. Trump Preliminary Injunction

      Judge Sorokin of the District Court of the District of Massachusetts granted a preliminary injunction in New Jersey v. Trump, No. 25-10139-LTS (D. Mass.), enjoining the government from "implementing and enforcing Executive Order No. 14,160, 'Protecting the Meaning and Value of American Citizenship.'" This is a nationwide injunction.

      According to the injunction, "[t]he plaintiffs are likely to succeed on the merits of their claims under the Citizenship Clause and 8 U.S.C. § 1401, they are likely to suffer irreparable harm in the absence of relief, the balance of harms tips overwhelmingly in their favor, and the public interest favors an injunction."

      *see litigation note above*

      View Document
    • February 13, 2025

      2025.02.13 Doe v. Trump, No. 25-10135-LTS (D. Mass) and New Jersey v. Trump, No. 25-10139-LTS (D. Mass.) - Preliminary Injunction Memorandum

      In the consolidated matters of Doe v. Trump, No. 25-10135-LTS (D. Mass) and New Jersey v. Trump, No. 25-10139-LTS (D. Mass.), Judge Leo T. Sorokin issued a nationwide preliminary injunction against the Trump administration's birthright citizenship executive order described above. In a separate order, the court stated that the preliminary injunction took effect immediately upon docketing and will remain in effect for the duration of the litigation.

      *see litigation note above*

      View Document
    • February 13, 2025

      2025.2.13 Complaint, NYIC v. Trump, 1:25-cv-01309 (S.D.N.Y.)

      The New York Immigration Coalition and a pregnant Venezuelan national, J.V., who has TPS and a pending asylum application, filed a lawsuit in the Southern District of New York challenging EO 14160. The complaint alleges that the birthright citizenship EO violates the Citizenship and Equal Protection Clauses of the Fourteenth Amendment and the Immigration and Nationality Act (INA § 301; 8 U.S.C. § 1401), which codified birthright citizenship. The plaintiffs seek a permanent injunction against the EO. N.Y. Immigr. Coal. v. Trump, 1:25-cv-01309 (S.D.N.Y.).

      **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

      View Document

Current Status

Not in effect

Original Trump Policy Status

Status: Final/Actual In Litigation
Trump Administration Action: Presidential Orders
Subject Matter: Citizenship
Agencies Affected: DHS USCIS DOS SSA AG

Commentary

  • "Skilled Legal Workers Find They, Too, Are Targets of Trump Citizenship Order," New York Times

    On February 11, 2025, the New York Times published an article profiling a family of skilled immigrant workers who would be impacted by the Trump Administration's order against birthright citizenship.

    Go to article

  • "Trump Might Have a Case on Birthright Citizenship," New York Times

    On February 15, 2025, Professors Randy Barnett of Georgetown University Law Center and Ilan Wurman of the University of Minnesota Law School published an op-ed in the New York Times arguing Trump's order on birthright citizenship may be valid because birthright citizenship applies only to those who "enter into the social compact and give allegiance without being a citizen . . . [and] one cannot give allegiance and promise to be bound by the laws through an act of defiance of those laws."

    Go to article

Documents

Trump-Era Policy Documents

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