Birthright Citizenship Complaint: OCA v. Rubio

On his first day in office, Defendant President Trump moved to unilaterally end birthright citizenship by edict, eviscerating the rights of children and more than a century of settled law. His Executive Order entitled “Protecting the Meaning and Value of American Citizenship” (the “Order”) directs every department and agency of the United States to refuse to recognize as an American citizen any child born on American soil whose mother is “unlawfully present” or temporarily present and whose father who is not a U.S. citizen or lawful permanent resident (hereinafter, “Targeted Children”). President Trump’s unilateral directive is flagrantly unlawful: it violates the Constitution’s Citizenship Clause, as well as the birthright citizenship statute.