Nineteen states and two cities are suing to block President Donald Trump’s executive order attempting to end birthright citizenship.
LOS ANGELES – On Tuesday, at least 19 states and two cities filed a lawsuit to block President Donald Trump’s executive order, which seeks to deny U.S. citizenship to children born in the United States to undocumented immigrants.
The lawsuit, spearheaded by the attorneys general of the 19 states and two cities, argues that Trump’s move to end birthright citizenship is “flagrantly unlawful.”
The Complaint:
The legal action asks the court to declare Trump’s order unconstitutional. One of the key cases cited in the lawsuit involves a woman, referred to as “Carmen,” who is pregnant but not a U.S. citizen. The lawsuit points out that Carmen has lived in the U.S. for more than 15 years, with a pending visa application that could eventually grant her permanent legal status. Neither she nor the father of her child holds any immigration status, according to the suit.
What the Lawsuit Claims:
The plaintiffs argue that revoking birthright citizenship causes “grave injury” to children, denying them “the priceless treasure” of citizenship and their rightful membership in U.S. society.
“We are prepared for illegal actions like this one,” said New Jersey Attorney General Matthew Platkin. “Today’s lawsuit sends a clear message to the Trump Administration that we will stand up for our residents and their basic constitutional rights.”
Other Legal Actions:
In addition to the multi-state lawsuit, Washington Attorney General Nick Brown filed a separate lawsuit in the U.S. District Court for the Western District of Washington, challenging the executive order.
States and Cities Involved in the Lawsuit:
- States: New Jersey, California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, Washington, Wisconsin
- Cities: Washington D.C., San Francisco
Trump’s Executive Order:
Trump’s order questions whether the 14th Amendment automatically grants U.S. citizenship to anyone born in the country. The 14th Amendment, ratified in 1868, was originally designed to ensure citizenship for formerly enslaved people after the Civil War.
The executive order seeks to exclude from automatic citizenship children born in the U.S. to parents who:
- Are not legally in the U.S.
- Are not U.S. citizens or lawful permanent residents.
- Are in the country legally but on a temporary basis.
The order further mandates that federal agencies stop recognizing the citizenship of individuals in these categories. The policy is set to take effect on February 19, 2025—30 days from Tuesday.
What is Birthright Citizenship?
Birthright citizenship grants citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status. This principle is rooted in the 14th Amendment’s Citizenship Clause, which states:
“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
While birthright citizenship has been a long-standing legal principle, it wasn’t always guaranteed. For instance, Native Americans were not granted citizenship until the Indian Citizenship Act of 1924, and the landmark 1898 Supreme Court case United States v. Wong Kim Ark affirmed that a child born in the U.S. to Chinese immigrants was indeed a U.S. citizen.
Historical Context:
The 14th Amendment was passed during the Reconstruction Era, after the Civil War, to overturn the Dred Scott v. Sandford decision, which had ruled that people of African descent could not be U.S. citizens. The amendment ensured that all persons born in the U.S. were citizens, regardless of their parents’ background or status.
This constitutional right has been continuously debated, especially regarding its application to children of undocumented immigrants, but has been upheld as a fundamental protection under U.S. law.
