Case: O. Doe v. Trump

1:25-cv-10135 | U.S. District Court for the District of Massachusetts

Filed Date: Jan. 20, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several challenging President Trump's effort to narrow birthright citizenship--the Fourteenth Amendment right to U.S. citizenship to individuals born on U.S. soil and "subject to the jurisdiction thereof." You can see all these cases here.  President Trump was sworn in to his second term as President on January 20, 2025, and immediately issued a number of Executive Orders--including Executive Order 14156, which proclaimed that birthright citizenship under the Fourteenth Amen…

This case is one of several challenging President Trump's effort to narrow birthright citizenship--the Fourteenth Amendment right to U.S. citizenship to individuals born on U.S. soil and "subject to the jurisdiction thereof." You can see all these cases here

President Trump was sworn in to his second term as President on January 20, 2025, and immediately issued a number of Executive Orders--including Executive Order 14156, which proclaimed that birthright citizenship under the Fourteenth Amendment does not apply to children born in the United States when: (1) their mother was unlawfully present in the country and their father was neither a U.S. citizen nor a permanent resident at the time of the child’s birth; or (2) when their mother was lawfully, but temporarily, present in the United States and their father was neither a U.S. citizen nor a permanent resident.

This case was filed that same day, in the U.S. District Court for the District of Massachusetts.  The plaintiffs were an expectant mother here lawfully but temporarily, and two nonprofit organizations, the Brazilian Worker Center and La Colaborativa. The plaintiffs, represented by Lawyers for Civil Rights (the public interest firm formerly known as the Lawyers' Committee for Civil Rights and Economic Justice), alleged that the Executive Order violated the Citizenship Clause of the Fourteenth Amendment, the Fifth Amendment Equal Protection Clause, statutory protection of birthright citizenship under 8 U.S.C. § 1401, and the Administrative Procedure Act under 5 U.S.C. §§ 551 et seq.

The case was assigned to District Judge Leo T. Sorokin. The plaintiffs sought a preliminary injunction enjoining the defendants from enforcing the Executive Order, which is scheduled to go into effect on February 19, 2025, and a declaratory judgment that the Order is unconstitutional and unlawful. The defendants filed their response opposing the preliminary injunction on January 31, 2025. 

The court set a hearing on the motion for the preliminary injunction for February 7, 2025. 

As of February 6, 2025, this case is ongoing.

Summary Authors

Nicole Brigstock (1/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69560579/parties/doe-v-trump-president-of-the-united-states/


Judge(s)
Attorney for Plaintiff

Albert, Mirian (Massachusetts)

Coulam, Andrew C. (Massachusetts)

Espinoza-Madrigal, Ivan (Massachusetts)

Attorney for Defendant

Fuchs, Yuri (Massachusetts)

Hamilton, Eric (Massachusetts)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:25-cv-10135

Complaint for Declaratory and Injunctive Relief

Doe v. Trump

Jan. 20, 2025

Jan. 20, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69560579/doe-v-trump-president-of-the-united-states/

Last updated Feb. 6, 2025, 4:12 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Against ALL DEFENDANTS against Filing fee: $ 405, receipt number AMADC-10795962 (Fee Status: Filing Fee paid), filed by O. Doe, Brazilian Worker Center, La Colaborativa. (Attachments: # 1 Exhibit (Executive Order), # 2 Civil Cover Sheet, # 3 Category Form)(Espinoza-Madrigal, Ivan) M (Entered: 01/21/2025)

1 Exhibit (Executive Order)

View on PACER

2 Civil Cover Sheet

View on PACER

3 Category Form

View on PACER

Jan. 20, 2025

Jan. 20, 2025

Clearinghouse
2

MOTION to Proceed Pseudonymously by O. Doe, Brazilian Worker Center, La Colaborativa.(Albert, Mirian) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

RECAP
6

NOTICE of Appearance by Oren M. Sellstrom on behalf of O. Doe, Brazilian Worker Center, La Colaborativa (Sellstrom, Oren) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER
7

Summons Issued as to Michelle King, Marco Rubio, Donald J. Trump, President of the United States, US Department of State, US Social Security Administration. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (LBO) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER

Notice of Case Assignment

Jan. 21, 2025

Jan. 21, 2025

PACER
3

NOTICE of Appearance by Mirian Albert on behalf of O. Doe, Brazilian Worker Center, La Colaborativa (Albert, Mirian) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER
4

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (NMC) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER
5

NOTICE of Appearance by Jacob M. Love on behalf of O. Doe, Brazilian Worker Center, La Colaborativa (Love, Jacob) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER
8

NOTICE of Appearance by Oren M. Sellstrom on behalf of O. Doe, Brazilian Worker Center, La Colaborativa (Sellstrom, Oren) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

PACER
9

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 2 MOTION to Proceed Pseudonymously. The motion of the individual plaintiff to proceed pseudonymously (Doc. No. 2) is ALLOWED. This ruling is subject to de novo review if the defendants oppose the request within seven days of their appearance. (SED) (Entered: 01/23/2025)

Jan. 23, 2025

Jan. 23, 2025

PACER

Order on Motion for Miscellaneous Relief

Jan. 23, 2025

Jan. 23, 2025

PACER
10

MOTION for Preliminary Injunction by O. Doe, Brazilian Worker Center, La Colaborativa.(Love, Jacob) (Entered: 01/23/2025)

Jan. 23, 2025

Jan. 23, 2025

RECAP
11

MEMORANDUM in Support re 10 MOTION for Preliminary Injunction filed by O. Doe, Brazilian Worker Center, La Colaborativa. (Attachments: # 1 Doe Declaration, # 2 Vega Declaration, # 3 Reason Declaration, # 4 Rodriguez Declaration, # 5 Danaher Declaration, # 6 Molina Declaration, # 7 Galletly Declaration, # 8 Kanstroom Declaration, # 9 Culliton-Gonzalez Declaration, # 10 Merjian Declaration)(Love, Jacob) (Entered: 01/24/2025)

1 Doe Declaration

View on RECAP

2 Vega Declaration

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3 Reason Declaration

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4 Rodriguez Declaration

View on RECAP

5 Danaher Declaration

View on RECAP

6 Molina Declaration

View on RECAP

7 Galletly Declaration

View on RECAP

8 Kanstroom Declaration

View on RECAP

9 Culliton-Gonzalez Declaration

View on RECAP

10 Merjian Declaration

View on RECAP

Jan. 23, 2025

Jan. 23, 2025

RECAP
12

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The defendants' opposition to the plaintiffs' motion for preliminary injunction (Doc. No. 10 ) is due on January 31, 2025. The plaintiffs may file a reply brief, limited to five pages in length, by February 4, 2025. The Court will hold an in-person hearing on the motion at 10 AM on Friday, February 7, 2025. Counsel for the plaintiffs shall provide a copy of this Order, along with copies of the motion papers, to the following by 5 PM today: Brad P. Rosenberg, Special Counsel, Federal Programs Branch, Civil Division, U.S. Department of Justice; Leah Foley, U.S. Attorney for the District of Massachusetts; and the Chief of the Civil Division of the U.S. Attorneys Office for the District of Massachusetts. Electronic service suffices. Motion Hearing set for 2/7/2025 10:00 AM in Courtroom 13 (In person only) before District Judge Leo T. Sorokin.)(SED) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

PACER

Order AND ~Util - Set Motion and R&R Deadlines/Hearings

Jan. 24, 2025

Jan. 24, 2025

PACER
13

NOTICE of Appearance by Brad P. Rosenberg on behalf of Donald J. Trump, US Department of State, Marco Rubio, US Social Security Administration, Michelle King (Rosenberg, Brad) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

RECAP
14

CERTIFICATE OF COMPLIANCE by O. Doe, Brazilian Worker Center, La Colaborativa re 12 Order (Albert, Mirian) (Main Document 14 replaced on 1/24/2025 with corrected PDF) (FGD). (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

RECAP
15

NOTICE of Appearance by Robert Charles Merritt on behalf of Donald J. Trump, US Department of State, Marco Rubio, US Social Security Administration, Michelle King (Merritt, Robert) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

RECAP
16

NOTICE of Appearance by Yuri Fuchs on behalf of Donald J. Trump, US Department of State, Marco Rubio, US Social Security Administration, Michelle King (Fuchs, Yuri) (Entered: 01/27/2025)

Jan. 27, 2025

Jan. 27, 2025

PACER
17

Assented to MOTION for Leave to File Excess Pages by O. Doe, Brazilian Worker Center, La Colaborativa.(Sellstrom, Oren) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

RECAP
18

District Judge Leo T. Sorokin: ORDER entered. New Civil Cases General Procedural ORDER. (FGD) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

RECAP
19

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 17 Assented to MOTION for Leave to File Excess Pages.ALLOWED. Defendants' consolidated opposition brief, due January 31, 2025, is limited to 40 pages in length. The plaintiffs in this case may file a 10-page reply brief by February 4, 2025; the plaintiffs in the related case may file a separate 10-page reply brief by the same date. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (FGD) (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

PACER

Order on Motion for Leave to File Excess Pages

Jan. 29, 2025

Jan. 29, 2025

PACER

Copy Mailed

Jan. 29, 2025

Jan. 29, 2025

PACER
20

Copy re 19 Order on Motion for Leave to File Excess Pages, emailed to All Attorneys on related case 25-cv-10139-LTS on 1/29/2025. (FGD) (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

PACER
21

RESPONSE to Motion re 2 MOTION to Proceed Pseudonymously filed by Donald J. Trump, US Department of State, Marco Rubio, US Social Security Administration, Michelle King. (Fuchs, Yuri) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

RECAP
22

Opposition re 10 MOTION for Preliminary Injunction filed by Donald J. Trump, US Department of State, Marco Rubio, US Social Security Administration, Michelle King. (Merritt, Robert) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

RECAP
23

NOTICE of Appearance by Matthew James O'Brien on behalf of Immigration Reform Law Institute (O'Brien, Matthew) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

PACER
24

MOTION for Leave to File Amicus Brief by State of Tennessee. (Attachments: # 1 Exhibit Proposed Amicus Brief of the State of Tennessee)(Coulam, Andrew) (Entered: 02/03/2025)

1 Exhibit Proposed Amicus Brief of the State of Tennessee

View on PACER

Feb. 3, 2025

Feb. 3, 2025

RECAP
25

MOTION for Leave to Appear Pro Hac Vice for admission of James Matthew Rice and Whitney D. Hermandorfer Filing fee: $ 250, receipt number AMADC-10821099 by State of Tennessee. (Attachments: # 1 Exhibit Certificate of JMR, # 2 Exhibit Certificate of WDH)(Coulam, Andrew) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

PACER
26

Consent MOTION for Leave to File Amicus Brief by Immigration Reform Law Institute. (Attachments: # 1 IRLI Amicus Brief)(O'Brien, Matthew) (Entered: 02/03/2025)

1 IRLI Amicus Brief

View on PACER

Feb. 3, 2025

Feb. 3, 2025

RECAP
27

NOTICE of Appearance by Andrew C. Coulam on behalf of State of Tennessee (Coulam, Andrew) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

PACER
28

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 25 Motion for Leave to Appear Pro Hac Vice Added James Matthew Rice, and Whitney D. Hermandorfer. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

PACER

Order on Motion for Leave to Appear

Feb. 4, 2025

Feb. 4, 2025

PACER

Order on Motion for Leave to File Document AND Order on Motion for Leave to File Document

Feb. 4, 2025

Feb. 4, 2025

PACER

Addendum to Motion/Memorandum

Feb. 4, 2025

Feb. 4, 2025

PACER
29

NOTICE of Appearance by Whitney D. Hermandorfer on behalf of State of Tennessee (Hermandorfer, Whitney) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

PACER
30

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: The Motions for Leave to submit amicus briefs filed by Tennessee (# 24 ) and Immigration Reform Law Institute (# 26 ) are ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (FGD) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

PACER
31

NOTICE of Appearance by James Matthew Rice on behalf of State of Tennessee (Rice, James) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

PACER
32

AMICUS BRIEF filed by Immigration Reform Law Institute . (O'Brien, Matthew) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

PACER
33

REPLY to Response to 10 MOTION for Preliminary Injunction filed by O. Doe, Brazilian Worker Center, La Colaborativa. (Albert, Mirian) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

RECAP
34

MOTION for Leave to File Amicus Brief in Opposition to Plaintiff's 10 MOTION for Preliminary Injunction filed by Edwin L Meese, III. (Attachments: # 1 Exhibit Amicus Brief)(McNamara, Frank) Modified docket text and docketing event on 2/5/2025, to properly reflect document filed. (FGD) (Entered: 02/04/2025)

1 Exhibit Amicus Brief

View on PACER

Feb. 4, 2025

Feb. 4, 2025

RECAP
35

Duplicate entry filed in error. Please see entry 34 . (Entered: 02/04/2025)

1 Exhibit Amicus Brief

View on RECAP

Feb. 4, 2025

Feb. 4, 2025

PACER
36

Amicus Curiae APPEARANCE entered by Frank L. McNamara, Jr on behalf of Edwin L Meese, III. (McNamara, Frank) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

RECAP
37

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 34 MOTION for Leave to File Amicus Brief in Opposition to Plaintiff's 10 MOTION for Preliminary Injunction.ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (FGD) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER

Order on Motion for Leave to File Document

Feb. 5, 2025

Feb. 5, 2025

PACER
38

AMICUS BRIEF filed by State of Tennessee . (Coulam, Andrew) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

RECAP
39

NOTICE of Appearance by Ryan P. McLane on behalf of Edwin L Meese, III (McLane, Ryan) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER
40

AMICUS BRIEF filed by Edwin L Meese, III . (McLane, Ryan) (Main Document 40 replaced on 2/6/2025, with corrected PDF). (FGD) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER
41

NOTICE of Appearance by Eric Hamilton on behalf of Donald J. Trump, US Department of State, Marco Rubio, US Social Security Administration, Michelle King (Hamilton, Eric) (Entered: 02/06/2025)

Feb. 6, 2025

Feb. 6, 2025

PACER
42

Summons Returned Executed as to US Attorney

Feb. 6, 2025

Feb. 6, 2025

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Jan. 20, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An expectant mother who is in the U.S. lawfully on Temporary Protected Status and two organizations, Brazilian Worker Center and La Colaborativa, whose members are pregnant or who plan to have families in the future, and whose children would be targeted by the Executive Order limiting birthright citizenship.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Birthright Citizenship

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Immigration status

National origin discrimination

Immigration/Border:

Admission - criteria

Constitutional rights

Status/Classification

Temporary protected status

Temporary visitors

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

U.S. citizenship - acquiring

U.S. citizenship - losing