Tag: Fourteenth Amendment

Posted on

NAPABA Statement in Response to the U.S. Supreme Court’s Decision in Trump v. CASA, Inc.

For Immediate Release:
Date: June 27, 2025		Contact
Rahat N. Babar, Deputy Executive Director

WASHINGTON – Today, in the cases involving challenges to the executive order that limits birthright citizenship, the U.S. Supreme Court narrowed the scope of the preliminary injunctions that can be available to pause the executive order before a final judgment can be rendered. This discrete, preliminary issue will now return to the district courts for them to craft an injunction that, in the Court’s view, is no “broader than necessary to provide complete relief to each plaintiff with standing to sue.” The Court did not address the constitutionality of the executive order.  

In the meantime, as the parties litigate over the scope of the injunctions, and as three federal courts of appeals evaluate the substantive challenges to the executive order, the National Asian Pacific American Bar Association (NAPABA) reaffirms the principles that underlie our amicus briefing to the courts that Executive Order 14160 must be set aside.

First, EO 14160 upends the Fourteenth Amendment’s promise of an equal claim of citizenship to all persons born in the United States. Under the plain text of the Fourteenth Amendment and longstanding historical precedent, EO 14160 is patently unconstitutional.

Second, EO 14160 distorts the holding of United States v. Wong Kim Ark, 169 U.S. 649 (1898). As we explained in our amicus brief, the Court upheld the conferral of citizenship to children born in the U.S. to non-citizen parents under the Fourteenth Amendment’s Citizenship Clause. The brief underscored the historical significance of this precedent and the role of Asian Americans in shaping our nation’s foundational immigration and civil rights precedents.

Lastly, if EO 14160 is implemented, disproportionate harms would result for Asian American communities. In the United States, 65% of Asian American adults are immigrants. Asian immigrants account for a substantial percentage of the overall immigrant population, with 17% of all undocumented immigrants having Asian ancestry and more than 88% of individuals holding H-1B visas. Under EO 14160, children of these categories of immigrants would be excluded from citizenship, despite being born, raised, and educated in the United States and despite knowing no other country of allegiance.

The question of a child’s citizenship in the United States ought not to be dependent on the stature or circumstances of their parents. Nor should it turn on whether a child is born in one state versus another. For the guarantees of the Fourteenth Amendment to be vindicated, birthright citizenship must apply to all children across the United States. 

Posted on

NAPABA Leads Broad Coalition to Defend Birthright Citizenship in Court

Over 40 national, state, and local bar associations join NAPABA to oppose Executive Order 14160.

NAPABA corrects the federal government’s misreading of U.S. v. Wong Kim Ark.

NAPABA highlights the detrimental impact on the Asian American community if EO 14160 is upheld.

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) and 43 of its affiliates and national associates from across the country joined forces to defend the fundamental constitutional guarantee of citizenship. Led by NAPABA, the coalition filed an amicus brief, which can be found here, with the U.S. Court of Appeals for the Ninth Circuit in State of Washington v. Donald J. Trump.

The Fourteenth Amendment of the U.S. Constitution promises every person equal treatment under the law. It also includes an equal claim of citizenship to all persons born in the United States, regardless of the stature or circumstances of their parents.

Executive Order 14160 upends that promise. It refuses to recognize the birthright citizenship of any child born in the United States to a mother who is lawfully present on a temporary basis, like those on work or student visas, and a father who is neither a U.S. citizen nor a lawful permanent resident.

In our amicus brief, NAPABA and the coalition highlight the core principles established in United States v. Wong Kim Ark, 169 U.S. 649 (1898). The Court upheld the conferral of citizenship to children born in the U.S. to non-citizen parents under the Fourteenth Amendment’s Citizenship Clause. The brief underscores the historical significance of this precedent, the role of Asian Americans in shaping our nation’s foundational immigration and civil rights precedents, and the disproportionate harms that EO 14160, if upheld, would visit upon Asian American communities.

EO 14160 distorts the holding of Wong Kim Ark. The federal government misreads the Court’s 1898 description of Wong’s parents as having a permanent residence in the U.S. Our brief explains this oversimplification by recounting the historical discrimination Chinese migrants faced in the late 19th century. Under this backdrop, their presence in the country was a far cry from the lawful permanency afforded to today’s green card holders. At that time, the Chinese immigrants were excluded from full participation in civic life and systematically denied the ability to integrate into American society. They faced mass violence and a cascading series of exclusionary laws designed to expel them. By drawing this parallel, NAPABA underscores how EO 14160 would disproportionately harm Asian American communities, echoing the same past exclusionary motives.

We extend our heartfelt gratitude to our exemplary legal team for their tireless work behind the brief, including Rahat N. Babar, who serves as NAPABA’s Deputy Executive Director and General Counsel, Edgar Chen, who serves as NAPABA’s Special Policy Advisor, and Chris M. Kwok, who serves as co-chair of NAPABA’s Dispute Resolution Committee.

Proudly powered by WordPress