In January 2025, WLC alongside Asian Americans Advancing Justice – AAJC and OCA – Asian Pacific American Advocates filed a lawsuit in the U.S. District Court (D.C.) challenging President Trump’s executive order. The lawsuit is OCA – Asian Pacific American Advocates, et al. v. Rubio (D.D.C.) Our lawsuit asserts that the administration’s efforts to remove constitutional birthright citizenship undermines the very foundation of equal protection and due process enshrined in the 14th amendment.
On June 27, 2025, the U.S. Supreme Court issued a decision curtailing the availability of nationwide injunctions (Trump v. CASA). The Court did not address the merits of constitutional birthright citizenship. (The WLC case was not one of the three birthright citizenship lawsuits before the Supreme Court).
Last week WLC and AAJC filed an Amended Complaint and a Motion for Partial Summary Judgment on behalf of OCA and anonymous individual plaintiffs, who are expectant mothers and their children. The Amended Complaint adds several individual plaintiffs, adds a new claim alleging that the executive order violates the Constitution’s Equal Protection Clause, and adds class claims in response to the June 27 Supreme Court decision. In the Motion for Partial Summary Judgment, Plaintiffs argue that the court should find that the executive order violates the Citizenship Clause of the 14th Amendment and the Immigration and Nationality Act, and exceeds the authority of the Executive branch.