CASA v. Trump: Protecting birthright citizenship

UPDATE: On February 5, 2025, ASAP members won a huge victory! A judge issued a “preliminary injunction” to block the Birthright Citizenship Executive Order from going into effect. While the injunction is in place, children born in the United States will continue to be recognized as U.S. citizens. ASAP members’ lawsuit is the first to win a preliminary injunction against the Birthright Citizenship Executive Order.

The judge explained that she was blocking the Order nationwide because so many pregnant ASAP members spoke out, and because ASAP members live in every state. We are proud to fight alongside ASAP members for the rights of all immigrants in the United States!

Case Background:

On January 21, 2025, ASAP members filed a lawsuit called CASA v. Trump against the U.S. government to protect the right of all children born in the United States to become U.S. citizens. As one member said, “When a child is born here, this country becomes their future, their hope, and their opportunity.” On February 5, 2025, the judge issued a preliminary injunction to block the Birthright Citizenship Executive Order from going into effect – for ASAP members and all immigrants in the United States. The government has since appealed this decision, but the Executive Order is still blocked from going into effect. We will continue to update this page as the case develops.

Lawsuit Documents and Timeline:

What did the U.S. government do on January 20?

On January 20, 2025, President Trump signed an Executive Order that tried to restrict birthright citizenship. The order said that, starting on February 19, some babies born in the United States to immigrant parents should not become U.S. citizens. However, the judge in CASA v. Trump has now prevented this order from going into effect! In addition, an order cannot, by itself, change birthright citizenship, which is protected by the U.S. Constitution.

How are ASAP members fighting back?

On January 21, 2025, ASAP filed a lawsuit against the government in federal court.

In December 2024, we asked ASAP members whether we should file a lawsuit to protect birthright citizenship. Thousands of members responded, and over 99% voted yes. Since then, thousands of members have shared information to support the lawsuit, and explained why birthright citizenship is important to them. Dozens of pregnant members have also shared their stories for the lawsuit.

We are so grateful to every ASAP member who has participated so far. ASAP members, members of CASA (another nonprofit organization), and 5 mothers are the “plaintiffs” in the lawsuit. The lawyers on the case are ASAP, CASA, and a third group, the Institute for Constitutional Advocacy and Protection at Georgetown University.

Who could be affected by the Executive Order if it becomes the law?

No children will be affected by the Executive Order while the preliminary injunction is in place. On February 5, 2025, the judge in CASA v. Trump issued a preliminary injunction that blocked the Executive Order.

The order – which is no longer scheduled to go into effect on February 19 – tries to say the following:

  • If the order ever goes into effect, these children would still become U.S. citizens at birth:

    • Children with at least one parent who is a U.S. citizen or Lawful Permanent Resident.

  • If the order ever goes into effect, these children who would not become U.S. citizens at birth:

    • Children whose father is not a U.S. citizen or Lawful Permanent Resident, AND whose mother has no current immigration documentation (“papers”) as well as no pending immigration applications.

    • Children whose father is not a U.S. citizen or Lawful Permanent Resident, AND whose mother’s only immigration status is a tourist visa, a temporary work visa, or a student visa.

  • If the order ever goes into effect, these children fall into categories that are unclear:

    • Children whose parents are in other immigration situations, including people who have received asylum or have a pending asylum application. We are trying to get more information from the government so we can provide better information for ASAP members and other immigrants.

Again, a judge has blocked this Executive Order from going into effect. And we continue to believe that the Constitution says that all of these children should become U.S. citizens at birth.

Why is birthright citizenship protected by the U.S. Constitution?

From the beginning, the United States had a fundamental principle of giving U.S. citizenship to children born in the United States. However, this principle was not applied equally, and Black people were deprived of this right. More than 150 years ago, Black people worked together to end slavery in the United States and secure a more equal right to U.S. citizenship. As a result, the 14th Amendment was added to the U.S. Constitution.

But after the 14th Amendment was passed, the law was still not applied equally. More than 100 years ago, Chinese communities in the U.S. worked together to defend this right for the children of immigrants – winning a landmark Supreme Court decision called Wong Kim Ark.

The 14th amendment says, “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.”

Are there other lawsuits to protect birthright citizenship?

Yes. ASAP is not the only group that filed a lawsuit. Other groups have also filed lawsuits to try to stop the birthright citizenship law from changing.

We are proud to say that the lawsuit brought by ASAP members was the first to secure a preliminary injunction blocking the Birthright Citizenship Executive Order from going into effect!

ASAP filed our own lawsuit because members voted to do so and because we know how important it is to defend the rights of asylum seekers specifically. We also believe that asylum seekers deserve to receive clear and accurate information about whether the order applies to them, and we will prioritize this in our lawsuit.

Eventually, the issue could be decided for multiple lawsuits at once by the U.S. Supreme Court.

How can I learn more?

We will keep this page updated with the most recent information we have. Please check this page for the most updated information.

Note: This information is for adults who are seeking asylum in the United States without a lawyer. We hope this information helps you navigate the immigration process. This information is not intended to be legal advice and ASAP is not your lawyer. To look for legal assistance, visit ASAP’s find help page.

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