A coalition of 18 Democratic-led states has filed a federal lawsuit against President Donald Trump’s executive order, which seeks to end the long-standing policy of granting birthright citizenship to children born on U.S. soil. The attorneys general from these states filed the lawsuit on Tuesday, arguing that the president’s order violates the Constitution, specifically the 14th Amendment, which guarantees citizenship to all persons born or naturalized in the United States.
The 14th Amendment, ratified in 1868 after the Civil War, was designed to ensure full citizenship rights for newly freed Black Americans. Its language stipulates that anyone born or naturalized in the U.S. and subject to its jurisdiction automatically acquires U.S. citizenship. Over the years, this provision has been interpreted to apply to all children born on U.S. soil, regardless of their parents’ immigration status.
However, President Trump, in the early days of his administration, took aim at this century-old interpretation, issuing an executive order claiming that birthright citizenship should not extend to children born to parents who are not U.S. citizens. According to a statement from the White House, this longstanding practice has been misinterpreted and requires clarification.
The lawsuit, filed by the 18 states, asserts that Trump’s action is unconstitutional and undermines a core American principle. New York Attorney General Letitia James, one of the lead plaintiffs, called the president’s efforts to undermine birthright citizenship “dangerous” and unconstitutional. “The right to birthright citizenship is fundamental to our Constitution,” she stated. “President Trump’s executive order is a direct attack on this core principle of American democracy.”
The states joining the lawsuit include California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin. The states argue that birthright citizenship should not be subject to executive orders or presidential decrees, as it is enshrined in the Constitution.
As Trump’s aides suggest that the executive order could go into effect 30 days after being signed, the coalition of states is moving quickly, requesting that the court fast-track the case to block enforcement before the policy can be implemented.
In addition to the states’ lawsuit, the American Civil Liberties Union (ACLU) has filed its own legal challenge, further intensifying the battle over birthright citizenship. The legal actions could determine whether the longstanding interpretation of the 14th Amendment survives or if it will be dramatically altered under the current administration.
