Filed Date: Jan. 30, 2025
Case Ongoing
Clearinghouse coding complete
This case, filed in the U.S. District Court for the District of Columbia on Jan. 30, 2025, 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 14160, 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.
The Asian Pacific American Advocates ("OCA")-- a nonprofit, membership-based organization whose mission is to advance the social, political, and economic well-being of Asian Americans, Native Hawaiians, and Pacific Islanders-- filed this lawsuit in the District of District of Columbia. Plaintiff alleged that the Executive Order violated the Citizenship Clause of the Fourteenth Amendment, statutory protection of birthright citizenship under 8 U.S.C. § 1401, and the Administrative Procedure Act under 5 U.S.C. § 706(2)(B) and § 706(2)(C). The lawsuit sought an injunction barring the defendants from enforcing the Executive Order, which was scheduled to go into effect on February 19, 2025, and a declaratory judgment that the Executive Order is unconstitutional and unlawful. Plaintiff was represented by lawyers from Arnold & Porter Kaye Scholer, Asian Americans Advancing Justice, and the Washington Lawyers' Committee for Civil Rights and Urban Affairs. The case was assigned to Judge Timothy Kelly.
This case is ongoing.
Summary Authors
Nicole Brigstock (2/11/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69595158/parties/oca-asian-pacific-american-advocates-v-rubio/
Banner, Kaitlin Rose (District of Columbia)
Baron, Noah (District of Columbia)
Bessell, Sarah L. (District of Columbia)
Freedman, John Arak (District of Columbia)
Gates, Madeleine (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69595158/oca-asian-pacific-american-advocates-v-rubio/
Last updated March 16, 2025, 5:17 p.m.
State / Territory: District of Columbia
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump 1.0 & 2.0 Immigration Enforcement Order Challenges
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: Jan. 30, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Asian Pacific American Advocates (“OCA”) is a nonprofit, membership-based organization that advocates behalf of all Asian Americans, Native Hawaiians, and Pacific Islanders. Its members include at least two pregnant women on lawful temporary visas whose children will be born after the Order’s effective date and will be denied birthright citizenship pursuant to the Order.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Asian Americans Advancing Justice | AAJC
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
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):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Access to lawyers or judicial system
Access to public accommodations - governmental
Immigration/Border: