A group of 18 states, along with San Francisco and Washington, D.C., is suing President Donald Trump over his attempt to end birthright citizenship. They argue that this move is illegal and would unfairly take away citizenship from many American-born children simply because of their parents’ immigration status. This lawsuit was filed right after Trump was inaugurated.
The attorneys general from these states say that Trump is trying to change a long-standing rule in the Constitution through an executive order, which is not allowed. They emphasize that the President cannot change or eliminate a constitutional amendment or any existing law regarding who is a citizen at birth.
Trump’s executive order states that starting next month, federal agencies should stop giving citizenship documents to children born in the U.S. to undocumented mothers or mothers with temporary visas, especially if the father is not a U.S. citizen or permanent resident. According to the lawsuit, this could affect around 150,000 children each year, making them ineligible for important services like healthcare and education. Many of these children could become deportable or stateless.
The states also highlight that this order could lead to a loss of federal funding for programs that help all children, regardless of their immigration status. They argue that only the U.S. Supreme Court has the authority to decide how the 14th Amendment, which guarantees citizenship to those born in the U.S., applies.
New Jersey Attorney General Matthew Platkin spoke out against Trump’s order, stating that it violates the Constitution and the long-standing rule that anyone born in the U.S. is a citizen. He stressed that while the President has significant power, he is not above the law.
The states aim to cancel Trump’s executive order and prevent any actions that would enforce it. They have requested a temporary stop to the order while the lawsuit is ongoing. New York Attorney General Letitia James added that birthright citizenship is a fundamental right rooted in the Constitution and is essential to the values of the nation.
California Attorney General Rob Bonta expressed readiness to face the challenges posed by a second Trump administration to protect the progress made in their state. Additionally, nonprofit organizations in Massachusetts and New Hampshire have filed their own lawsuits against Trump’s executive order on birthright citizenship.
