765 F.Supp.3d 1142
W.D. Wash.2025Background
- On January 20, 2025, President Trump issued an Executive Order restricting birthright citizenship for children born in the U.S. to certain noncitizen parents (unlawfully present or lawfully temporary mothers with noncitizen/LPR fathers), effective February 19, 2025.
- Plaintiff States (Washington, Arizona, Illinois, Oregon) and later three pregnant noncitizen individual plaintiffs challenged the Order, claiming it violated the Fourteenth Amendment and the Immigration and Nationality Act (INA).
- The District Court had previously granted a temporary restraining order and then consolidated individual and state actions for consideration of a preliminary injunction.
- Plaintiffs argued the Order would harm states economically and administratively and would subject individual plaintiffs’ children to denial of citizenship and possible deportation.
- The Government contested standing, cause of action, and the interpretation of the Citizenship Clause, defending the Order as consistent with constitutional text and precedent.
- The Court addresses these challenges and determines whether a preliminary injunction is warranted and if nationwide relief is appropriate.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Standing | States and individuals would suffer direct, concrete harm | States lack standing; no sufficient injury | Plaintiffs have standing |
| Cause of Action | May seek equitable and injunctive relief for statutory/constitutional violations | No valid cause of action for this challenge | Plaintiffs have a valid cause |
| Constitutionality of Order (Birthright Citizenship) | Citizenship Clause guarantees citizenship to almost all born on U.S. soil | Children of undocumented and temporary noncitizen parents not covered by "jurisdiction" | Order likely violates Constitution |
| Scope of Preliminary Injunction | Nationwide relief required to fully address harms | Injunction, if any, should be limited geographically | Nationwide injunction is warranted |
Key Cases Cited
- United States v. Wong Kim Ark, 169 U.S. 649 (U.S. 1898) (seminal case establishing birthright citizenship under the Fourteenth Amendment for children born in the United States regardless of parents' citizenship status)
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (on interpreting constitutional text by its ordinary meaning)
- Winter v. Nat'l Res. Def. Council, Inc., 555 U.S. 7 (U.S. 2008) (articulating the standard for preliminary injunctions)
- Nken v. Holder, 556 U.S. 418 (U.S. 2009) (balancing equities and public interest in stay/injunction decisions)
- Biden v. Nebraska, 143 S. Ct. 2355 (U.S. 2023) (nationwide relief appropriate when executive exceeds authority)