President Donald Trump’s executive order seeking to end birthright citizenship has sparked a fierce legal battle. On Tuesday, just a day after Trump signed the controversial order following his swearing-in, a coalition of 18 Democratic attorneys general, alongside the city of San Francisco and the District of Columbia, filed a lawsuit challenging its legality.
Trump’s End To Birthright Citizenship and Its Controversial Directive
The executive order directs federal agencies to stop issuing citizenship documents to U.S.-born children under certain circumstances. Starting next month, children born in the United States to undocumented mothers, or mothers on temporary visas whose fathers are not U.S. citizens or permanent residents, will no longer be granted automatic citizenship.
The order targets approximately 150,000 children born each year to two noncitizen parents without legal status. These children could face significant repercussions, such as losing access to basic health care, education programs, and interventions for students with disabilities.
“They will all be deportable, and many will be stateless,” the lawsuit warns.
Lawsuit by 18 States Accuses Trump of Violating the Constitution
The coalition of attorneys general argues that the order violates a “well-established and longstanding Constitutional principle” rooted in the 14th Amendment. This amendment guarantees citizenship to all individuals born on U.S. soil, regardless of their parents’ immigration status.
“The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor is he empowered by any other source of law to limit who receives United States citizenship at birth,” the lawsuit states.
New Jersey Attorney General Matthew Platkin emphasized the gravity of the issue during a press conference. “President Trump’s attempt to unilaterally end birthright citizenship is a flagrant violation of our Constitution,” Platkin said. “For more than 150 years, our country has followed the same basic rule: babies who are born in this country are American citizens. This isn’t just an attack on the law. It’s an attack on the very fabric of this nation.”
Platkin added, “Presidents in this country have broad power. But they are not kings.”
The Broader Impact of Trump’s End To Birthright Citizenship
The lawsuit highlights that Trump’s order could have severe consequences for states. By denying citizenship to children born under these conditions, states risk losing federal funding for programs designed to assist children regardless of their immigration status.
New York Attorney General Letitia James underscored the importance of defending birthright citizenship. “The great promise of our nation is that everyone born here is a citizen of the United States, able to achieve the American dream,” James said. “This fundamental right to birthright citizenship, rooted in the 14th Amendment and born from the ashes of slavery, is a cornerstone of our nation’s commitment to justice.”
California Attorney General Rob Bonta echoed these sentiments, vowing to fight the order. “We are ready to take on the challenges of a second Trump administration to ensure that in California, our progress will continue and that our progress will prevail,” Bonta said.
Nonprofit Groups Join the Legal Fight Against Trump’s End To Birthright Citizenship
In addition to the states’ lawsuit, nonprofit organizations in Massachusetts and New Hampshire also filed federal lawsuits on Tuesday, challenging the executive order. These groups argue that the order undermines constitutional protections and could create a humanitarian crisis for stateless individuals.
The Legal Path Forward
Legal experts point out that only the U.S. Supreme Court can definitively interpret how the 14th Amendment applies to birthright citizenship. As the battle over this executive order unfolds, it is expected to become a landmark case with significant implications for immigration and constitutional law.
The coalition of states is seeking a preliminary injunction to block the order from taking effect. If successful, this move would halt its implementation while the courts consider its constitutionality.
A Fight for Constitutional Values
As the debate over birthright citizenship intensifies, opponents of the executive order stress that it is not just a legal issue but a test of America’s values. “The spirit of the 14th Amendment is rooted in equality and justice,” Letitia James said. “This fight is about protecting the cornerstone of what it means to be an American.”
With legal challenges mounting, the ultimate fate of Trump’s executive order will likely rest in the hands of the courts.
