Statehood unclear for about 150,000 children annually

The ruling in Trump v. Casa stayed the injunction against the Executive Order 14160, but it did not end the lawsuit against it. EO 14160 may still be found unconstitutional by a court. Until then, Barrett instructed district courts to place new, limited injunctions against the order, to protect only the plaintiffs who have brought the suits. 

EO 14160 ordered federal agencies and departments to not recognize the citizenship of American-born children of non-citizens. The order will only apply to children born, per Barrett’s order, after July 27. ABC News reported that about 150,000 children are born each year to parents who are not legal permanent residents.

“The lower courts shall move expeditiously to ensure that, with respect to each plaintiff, the injunctions comport with this rule and otherwise comply with principles of equity,” the ruling said.

Her ruling said that relief must only be granted to the plaintiffs who brought cases against the federal government. The Casa ruling came out of the consolidation of three cases, brought by 18 states, including California; individual mothers; and an advocacy organization, CASA.

Supreme Justice Sonia Sotomayor said the Executive Order could result in a stateless group of children:

“Affected children also risk losing the chance to participate in American society altogether, unless their parents have sufficient resources to file individual suits or successfully challenge the Citizenship Order in removal proceedings. Indeed, the Order risks the ‘creation of a substantial ‘shadow population’’ for covered children born in the United States who remain here. Without Social Security numbers and other documentation, these children will be denied critical public services, like SNAP and Medicaid, and lose the ability to engage fully in civic life by being born in States that have not filed a lawsuit. Worse yet, the Order threatens to render American-born children stateless, a status ‘deplored in the international community’ for causing ‘the total destruction of the individual’s status in organized society,’” Sotomayor wrote.

EO 14160 specifically orders no department or agency of the United States government to issue or accept documents that recognize the citizenship of people whose parents are not permanent residents or citizens. It applies to people whose “mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”

“The rights guaranteed by the U.S. Constitution belong to everyone in this country, not just those whose state attorneys general had the courage to stand up to this President’s anti-democratic agenda,” said Attorney General Rob Bonta. “The Supreme Court’s decision allows the lower courts to further consider the scope of the district court's nationwide injunction — which we believe is clearly necessary to provide full relief to the states. We remain hopeful that the courts will see that a patchwork of injunctions is unworkable, creating administrative chaos for California and others and harm to countless families across our country. The fight is far from over, and we will continue working to ensure this unlawful, anti-democratic executive order never has the chance to be implemented.”

“This decision is devastating for U.S. families who are not protected by the limited injunction the Supreme Court left in place,” said Monica, a pregnant mother and named plaintiff in the lawsuit, according to a CASA press release. “Hundreds of thousands of other U.S.-born children are in danger of not receiving U.S. citizenship. I know that every pregnant mother cannot file a lawsuit to make sure their children have U.S. citizenship – that is why I filed this lawsuit to not only protect my child’s rights, but the constitutional rights of all U.S.-born children of immigrants.” 

“I’m heartbroken that the Supreme Court chose to limit protections instead of standing firmly for all families like mine,” said Juana, pregnant mother, CASA member and named plaintiff in the lawsuit. 

The American Civil Liberties Union has already filed a class action lawsuit to provide relief for all children of non-citizens.

“This new case seeks protection for all families in the country, filling the gaps that may be left by the existing litigation,” the ACLU’s press release says.