Mothers refashion birthright citizenship lawsuit into class action, warn thousands of Americans could be 'stateless'
Source: Law & Crime
Jul 16th, 2025, 5:31 pm
An immigrants rights group and several mothers are getting another bite at the apple as they try to stop the Trump administration from moving forward with plans to rewrite birthright citizenship.
On Jan. 20, the 45th and 47th president issued Executive Order 14160. The order attempts to usher in a sea change of constitutional interpretation under which the automatic grant of citizenship does not extend to a child born in the United States to an undocumented mother — unless the father has some form of legal status. Some of the plaintiffs in the case originally sued on Feb. 13.
Their 24-page original petition alleging constitutional and statutory violations was paused by U.S. District Judge Margaret M. Garnett, a Joe Biden appointee, after several other courts issued their own injunctions against the policy – and because the government asked to pause the case while the U.S. Supreme Court decided whether district court-issued nationwide injunctions are allowed.
On June 27, the nation's high court disallowed such expansive injunctions but left open the possibility of similar results using an entirely different rule of civil procedure. A lower court can now issue broad injunctive relief if plaintiffs constitute themselves sufficiently as a class of similarly-situated individuals in a class action lawsuit – and if a court decides the class is broad enough to warrant nationwide relief.
Read more: https://lawandcrime.com/high-profile/nothing-less-than-the-right-to-have-rights-mothers-refashion-birthright-citizenship-lawsuit-into-class-action-warn-thousands-of-americans-could-be-rendered-stateless/
Full headline: 'Nothing less than the right to have rights': Mothers refashion birthright citizenship lawsuit into class action, warn thousands of Americans could be rendered 'stateless'
Link to FILING (PDF viewer) - https://www.documentcloud.org/documents/26000511-nyic-v-trump-amended-complaint/
Link to FILING (PDF) - https://s3.documentcloud.org/documents/26000511/nyic-v-trump-amended-complaint.pdf
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