On May 13, 2025, HRP Director Professor Gerald L. Neuman, together with Professors Kristin Collins and Rachel Rosenbloom, submitted an amicus brief to United States Court of Appeals for the Fourth Circuit in a case challenging the legality of President Trump’s Executive Order No. 14,160. In the brief, they argue that the Executive Order, which purports to deny birthright citizenship to children born in the United States lacking a U.S. citizen or lawful permanent resident parent, not only conflicts with the constitution but violates the Immigration and Nationality Act (INA).
Drawing on historical precedent and legislative history, the three experts of U.S. citizenship and immigration law emphasize that the traditional broad interpretation of territorial birthright citizenship, guaranteed in the Fourteenth Amendment, was intentionally codified in the 1940 Nationality Act and in Section 301(a) of the 1952 INA, 8 USC section 1401. The experts conclude that the INA offers a clear, independent legal ground to rule the Executive Order unlawful.
To read the full brief, please click here or copy this link into your browser: https://hrp.law.harvard.edu/wp-content/uploads/2025/05/CASA-v.-Trump-Collins-Neuman-Rosenbloom-Amicus-Filed.pdf
The post Amicus Brief Challenging Executive Order on Birthright Citizenship appeared first on Harvard Law School | Human Rights Program.