Victory for Birthright Citizenship

VICTORY! Federal Judge Issues Preliminary Injunction To Protect Birthright Citizenship

Case Brought By Immigrant Mother and Community Organizations

A federal judge in Massachusetts ruled in favor of an expectant mother and two immigrant organizations in a lawsuit brought by Lawyers for Civil Rights challenging the constitutionality of the Trump Administration’s Executive Order (EO) that would strip birthright U.S. citizenship from the children of immigrant parents.

In issuing a preliminary injunction, U.S. District Judge Leo T. Sorokin of the District of Massachusetts found that the plaintiffs have a high likelihood of success on the merits, because “the Constitution confers birthright citizenship broadly, including to persons within the categories described by the [Executive Order].” (p.30). The Court based its ruling on “straightforward application of settled Supreme Court precedent reiterated and reaffirmed in various ways for more than a century by all three branches of the federal government.” (p.4).

Indeed, more than a century of U.S. Supreme Court precedent makes clear that the President does not have the power to decide who becomes a citizen at birth. The lawsuit was filed by Lawyers for Civil Rights on behalf of an expectant mother impacted by the EO alongside two immigrant advocacy organizations: La Colaborativa and the Brazilian Worker Center.

“We are gratified by today’s ruling,” said Oren Sellstrom, Litigation Director for Lawyers for Civil Rights. “Birthright citizenship is a sacred right granted by our Constitution, and the President cannot change that with the stroke of a pen.”

“The Executive Order is a blatant attack on immigrant families who are the backbone of our communities and economy,” said Gladys Vega, Executive Director of La Colaborativa. “Our members are mothers, fathers, workers, and neighbors who came to this country searching for a safer and better life. Denying citizenship to their U.S.-born children undermines the ideals of fairness and opportunity that define America. We brought this lawsuit because we knew we could not stand idly by while our children are targeted and their rights and dignity are erased.”

“Today’s ruling prevents the significant harm that this Executive Order would cause,” said Mirian Albert, Senior Attorney for Lawyers for Civil Rights. “The Court’s ruling provides protection for vulnerable communities and restores a sense of order and justice.”  

“The judge’s ruling today is a victory for the rule of law and ensures that our Constitution will continue to protect the right to birthright citizenship for all Americans,” said Jacob Love, Senior Attorney for Lawyers for Civil Rights.

The case is Doe et al. v. Trump et al., 25-10135. Judge Sorokin considered the case alongside a parallel case brought by Massachusetts and a coalition of States, State of New Jersey et al. v. Trump et al., 25-10139

The ruling is available here.