Attorneys general from 18 states have filed a lawsuit against President Donald Trump’s executive order, which seeks to end the long-established policy of birthright citizenship. This policy, protected by the 14th Amendment of the U.S. Constitution, has granted automatic citizenship to children born in the United States, regardless of their parents’ immigration status.
The lawsuit, filed on Tuesday, is led by a coalition of states and includes the District of Columbia and the city of San Francisco. These states are challenging Trump’s executive order, which he signed late Monday evening. Trump’s move, fulfilling a campaign promise, is expected to spark a significant legal battle as it challenges over 150 years of constitutional interpretation.
Understanding Birthright Citizenship
Birthright citizenship refers to the practice of granting U.S. citizenship to any child born on American soil, regardless of the parents’ legal or immigration status. This policy has been in place for decades and is a fundamental aspect of U.S. immigration law, rooted in the 14th Amendment. The amendment, ratified in 1868 after the Civil War, 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.”
This provision has meant that children born to parents visiting the U.S. on a tourist visa, or even to undocumented immigrants, automatically become U.S. citizens. The principle has long been seen as a protection against discrimination and an assurance that children born in the U.S. have the right to citizenship, regardless of their parents’ immigration status.
What Trump’s Executive Order Proposes
Trump’s executive order directly challenges this interpretation of the 14th Amendment. The new directive prevents automatic citizenship for children born to mothers in the U.S. illegally or to fathers who are not U.S. citizens or permanent residents. The order also excludes children born to mothers temporarily in the U.S. and non-citizen fathers. The executive order instructs federal agencies to deny recognition of citizenship for individuals in these categories, and it will take effect on February 19, 2025—30 days after the filing.
State Attorneys General Respond
In response to the executive order, 18 states, along with the District of Columbia and San Francisco, filed a lawsuit to prevent its implementation. New Jersey’s Attorney General, Matt Platkin, strongly criticized the move, stating that while the president has significant authority, he cannot bypass the Constitution. “The president cannot, with a stroke of a pen, erase the 14th Amendment,” Platkin declared.
The lawsuit is deeply personal for Connecticut Attorney General William Tong, the first Chinese American to hold the position. Tong, who is a U.S. citizen by birthright, expressed his firm belief that the executive order undermines the constitutional right to citizenship.
California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin joined the lawsuit.
What’s Next?
As this legal battle unfolds, the future of birthright citizenship in the U.S. remains uncertain. Legal experts expect prolonged litigation, and any change to the interpretation of the 14th Amendment will have significant implications for the country’s immigration policies.
For now, the fate of Trump’s executive order rests with the courts, as this landmark case will determine whether the president has the authority to unilaterally alter such a fundamental aspect of U.S. citizenship law.
