Casa v. Trump (2025)

ICAP is challenging the Executive Order purporting to deny citizenship to children born to undocumented mothers and mothers with lawful but temporary presence in the U.S. unless the father is a citizen or LPR. This order violates the text of the Fourteenth Amendment, which guarantees that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."

We represent five pregnant mothers and two immigrant-rights organizations, CASA and the Asylum Seeker Advocacy Project (ASAP), each of which has thousands of members who will be impacted by this order if not enjoined by the court. These include pregnant mothers with pending asylum claims, pregnant mothers in the U.S. on a student visa, pregnant mothers who have temporary protected status, and pregnant mothers who are undocumented. Some have lived, worked, and paid taxes here for decades and have U.S.-citizen children. Some own homes here. All have the expectation that their children born here will have the cherished status of a U.S. citizen that is guaranteed by the Constitution.