Citizens United Joins Amicus Brief in NHICS v. Trump (Jan. 2025 – Birthright Citizenship)

On January 20, 2025, President Trump issued an executive order entitled, “Protecting the Meaning and Value of American Citizenship” (“EO”).  The Order contained a narrowly defined directive that federal agencies are not to consider a person born on U.S. soil to be a citizen of the United States when, “at the time of said person’s birth,” the father “was not a United States citizen or lawful permanent resident…”

and “when that person’s mother” was:

  (1) “unlawfully present in the United States” … or

 (2) … when [the mother’s presence] … was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) ….  [Id. (emphasis added).]

Although the EO would not take effect for 30 days, three groups of plaintiffs rushed to be the first to file — on the day the order was issued and the next day — in federal district courts for New Hampshire, Western Washington, and Massachusetts.