Same caption: CASA, Inc. v. Trump, Civ. No. DLB-25-201. After the Supreme Court’s June 27 partial stay, the plaintiffs amended to a class action. On August 7, 2025, Judge Boardman certified a Rule 23(b)(2) class (ECF 130) of:
Any child who has been born or will be born in the United States after February 19, 2025, (1) whose mother was unlawfully present in the United States and whose father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) whose mother’s presence in the United States at the time of said person’s birth was lawful but temporary and whose father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
She excluded parents from the class definition. The same day, the memorandum (ECF 131) and order (ECF 132) granted a class-wide preliminary injunction: the named officers “are ENJOINED from enforcing the Executive Order against the class representatives and the members of the certified class until further order of this Court.” The February 5 nationwide injunction was dissolved on the parties’ joint motion.
The memorandum says the plaintiffs are “highly likely to succeed” and that the injunction “applies to all members of the certified class across the country.” That is a class remedy after the Supreme Court cut back universal injunctions. It is still a district-court preliminary injunction. The government appealed. Fourth Circuit No. 25-2188 was docketed October 7, 2025, from the August 7 order, and placed in abeyance on December 9, 2025, pending Supreme Court decisions in Nos. 25-364 and 25-365. Abeyance is not a merits affirmance.