Birthright Citizenship Order Temporarily Blocked by Judge

Last Updated on January 28, 2025

Welcome to the U.S. immigration news briefing from Corporate Immigration Partners, PC (CIP PC). The team is here to provide the latest updates on policy changes affecting corporate immigration. This update reviews the legal challenges and temporary restraining orders against President Trump’s Executive Order limiting birthright citizenship under the 14th Amendment.

Legal Challenges to Birthright Citizenship Executive Order 

Several lawsuits were filed this week challenging President Trump’s January 20 Executive Order limiting birthright citizenship.  

Washington DC Lawsuit 

On January 23, 2025, Federal Judge John Coughenour of the US District Court in the Western District of Washington issued a temporary restraining order. This order responded to one of the lawsuits filed by the Washington State Attorney General, joined by Oregon, Arizona, and Illinois.

Judge Coughenour declared the executive order “blatantly unconstitutional” as the 14th Amendment grants citizenship to anyone born on U.S. soil, except children of foreign diplomats. He issued a nationwide 14-day hold on the implementation of the Executive Order. You can find the full text of the suit here. 

4th Circuit Court on Birthright Citizenship and the 14th Amendment   

California’s Attorney General filed a similar lawsuit. New Jersey, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, Wisconsin and the City of San Francisco joined the suit in the U.S. District Court for the District of Maryland in the 4th Circuit.

Looking Ahead  

The court will hold a hearing on February 5, 2025, to address the suit requesting a temporary block of the Executive Order.

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Envoy is pleased to provide you with this information, which was prepared in collaboration with Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”). 

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