On January 20, 2025, a coalition of civil rights groups filed a lawsuit, New Hampshire Indonesian Community Support v. Donald J. Trump, challenging President Trump’s executive order seeking to deny birthright citizenship to certain children born in the United States. The plaintiffs argued that the order violated the Fourteenth Amendment and Supreme Court precedent, including United States v. Wong Kim Ark, by attempting to strip citizenship from children born on U.S. soil. Represented by the ACLU, LDF, and others, the case was brought on behalf of organizations including New Hampshire Indonesian Community Support, whose members’ U.S.-born children could be affected. The lawsuit warned that the order could leave children stateless and without access to essential rights like health care, identification, and civic participation. On February 10, 2025, a federal judge in New Hampshire issued a preliminary injunction blocking the executive order. The ruling reinforced that birthright citizenship is protected by the Constitution and cannot be undone by executive action. • Expand protections for immigrant populations facing racialized harm and climate disaster, especially those from majority-Black countries. Temporary Protected Status (TPS) gives migrants from certain designated countries the right to live and work in the United States because their home countries are considered unsafe due to armed conflict, environmental disasters, or other extraordinary conditions.64 In NAACP v. DHS, LDF filed a lawsuit to stop the government from ending Temporary Protected Status (TPS) for Haitian immigrants. The lawsuit argued that the decision was driven by anti-Black racism and violated the Fifth Amendment’s protections of due process and equal treatment under the Constitution. It pointed to actions by the Department of Homeland Security, like searching for crime and public benefits data specifically about Haitians, that the plaintiffs said relied on harmful racial stereotypes. The complaint also highlighted racist comments by President Trump, including saying Haitians “all have AIDS,” asking, “Why do we need more Haitians?”, and saying he preferred immigrants from mostly white countries like Norway. The Court ruled that the case could go forward because there was enough evidence to suggest that racial bias influenced the decision. However, before the case was finished, the Biden administration reversed the policy and extended TPS for Haiti, so the case was dismissed and never went to the Supreme Court. • • • • • End immigration exceptionalism. Courts must apply constitutional protections, including equal protection and due process rights under the Fourteenth and Fifth Amendments, to all immigration enforcement actions. Enact laws protecting immigrants from racial discrimination in immigration decisions and parole determinations. Decriminalize immigration status and end the prison-to-deportation pipeline. Ensure legal representation for all immigrants in removal proceedings. Institute independent oversight of DHS, CBP, and ICE to investigate racial bias and misconduct.