Amicus Transient Difficult Government Order on Birthright Citizenship
On Could 13, 2025, HRP Director Professor Gerald L. Neuman, along with Professors Kristin Collins and Rachel Rosenbloom, submitted an amicus temporary to United States Court docket of Appeals for the Fourth Circuit in a case difficult the legality of President Trump’s Government Order No. 14,160. Within the temporary, they argue that the Government Order, which purports to disclaim birthright citizenship to youngsters born in the US missing a U.S. citizen or lawful everlasting resident father or mother, not solely conflicts with the structure however violates the Immigration and Nationality Act (INA).
Drawing on historic precedent and legislative historical past, the three consultants of U.S. citizenship and immigration legislation emphasize that the standard broad interpretation of territorial birthright citizenship, assured within the Fourteenth Modification, was deliberately codified within the 1940 Nationality Act and in Part 301(a) of the 1952 INA, 8 USC part 1401. The consultants conclude that the INA gives a transparent, impartial authorized floor to rule the Government Order illegal.
To learn the total temporary, please click here or copy this hyperlink into your browser: https://hrp.law.harvard.edu/wp-content/uploads/2025/05/CASA-v.-Trump-Collins-Neuman-Rosenbloom-Amicus-Filed.pdf