BALTIMORE, MD – After a loss before the U.S. Supreme Court on June 27, an immigrant rights group, CASA, has refiled its lawsuit as a class action in response to President Donald Trump’s birthright citizenship executive order. The group seeks to block the implementation of Executive Order 14,160, which would limit birthright citizenship in the U.S. for children born after February 19, 2025.
Background of the Lawsuit
The original lawsuit was filed by CASA to stop the implementation of Trump’s executive order, which the group argues would deny U.S. citizenship to children born in the United States based on race and sexual orientation. After the Supreme Court’s decision in the case, CASA has now filed an amended complaint, requesting temporary injunctive relief through a class action. The case focuses on the constitutional and statutory rights of U.S.-born children wrongfully deemed ineligible for citizenship under the executive order, along with the rights of their parents.
Class Action and Supreme Court Precedent
CASA’s legal team points to the Supreme Court’s instructions in its recent decision, which upheld the use of class actions as a method to challenge broad executive actions. The motion filed by CASA defines the proposed class as “all children born or will be born in the United States on or after February 19, 2025,” who would be impacted by the executive order.
The plaintiffs argue that the Court should issue a temporary restraining order and a preliminary injunction before proceeding with class certification. This, CASA argues, would protect thousands of children from being wrongly denied their constitutional right to U.S. citizenship.
Judge’s Discretion
The legal motion relies on Justice Kavanaugh’s concurring opinion in a recent case involving immigration law. Kavanaugh suggested that lower courts can grant temporary relief to a putative class, before class certification. CASA’s legal argument seeks to apply this precedent to block the executive order immediately and prevent harm to the children affected.
CASA insists that the issue does not need to be relitigated as the case remains active in the lower courts, and the district court previously ruled that the plaintiffs had already met the standard for a preliminary injunction.
Immediate Relief Sought
The plaintiffs argue that without immediate relief, thousands of babies born to parents in the putative class could suffer irreparable harm by being wrongfully denied U.S. citizenship under the executive order. CASA asserts that the government’s actions would violate these children’s constitutional rights, causing lasting consequences for them and their families.
What’s Next?
CASA is now waiting for the Baltimore-based U.S. District Judge, Deborah L. Boardman, to review the motion for injunctive relief and decide whether to grant temporary relief to the class while the case proceeds. CASA’s team hopes that by filing as a class action, they will have a stronger chance of blocking the executive order and preventing the widespread harm it threatens to cause.
