A coalition of 22 Democratic-leaning states, including California and New York, has filed lawsuits against former President Donald Trump over his controversial executive order aimed at ending birthright citizenship in the United States. The lawsuits, announced on Tuesday, challenge the legality of Trump’s decision and seek to block the order from taking effect.
The executive order, issued the day after Trump assumed office, aims to revoke the automatic granting of citizenship to individuals born on U.S. soil. This right is guaranteed by the 14th Amendment of the U.S. Constitution. If implemented, the order would deny citizenship, passports, and related documents to children born to parents who are either in the country illegally, temporarily, or are not U.S. citizens or permanent residents.
California Attorney General Rob Bonta, who is leading the legal challenge, described the order as “blatantly unconstitutional” and a violation of American values.
“The President’s executive order attempting to rescind birthright citizenship is blatantly unconstitutional and, quite frankly, un-American. We are asking a court to immediately block this order from taking effect and to protect the rights of American-born children impacted by this decision while litigation proceeds,” Bonta stated during a press briefing.
The lawsuit, filed in a federal court in Massachusetts, was later joined by a similar suit filed in Washington State. Additionally, the American Civil Liberties Union (ACLU) and other advocacy organizations have launched a separate legal action in New Hampshire.
Birthright Citizenship and the 14th Amendment
Birthright citizenship is enshrined in the 14th Amendment, adopted after the U.S. Civil War to guarantee rights to former slaves and their descendants.
The amendment 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.”
Critics of Trump’s order argue that his attempt to bypass the Constitution with an executive order exceeds presidential authority.
“The President has overstepped his authority by a mile with this order, and we will hold him accountable,” Bonta asserted.
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Trump Acknowledges Legal Hurdles
While signing the executive order, Trump acknowledged the likelihood of legal challenges.
“I think we have good grounds, but you could be right. I mean, we’ll find out,” he said when questioned about the potential for lawsuits to block the measure.
Trump also incorrectly claimed that the United States is the only country in the world to grant birthright citizenship. In reality, numerous countries, including Canada and Mexico, also offer this constitutional guarantee.
Advocacy Groups Join the Fight
Civil rights organizations, including the ACLU, have voiced strong opposition to the order, describing it as an attack on fundamental rights. In their legal filing, they argue that the order undermines the constitutional protections guaranteed to children born in the United States, regardless of their parents’ immigration status.
“The 14th Amendment is clear,” a representative of the ACLU stated. “This is a dangerous attempt to rewrite the Constitution and strip away the rights of vulnerable communities.”
What’s Next?
If upheld, Trump’s executive order is set to take effect 30 days after signing. However, with multiple legal challenges underway, the policy is expected to face significant delays in implementation.
Legal experts predict a lengthy court battle that could ultimately be decided by the U.S. Supreme Court. For now, the coalition of states and advocacy groups remains steadfast in their commitment to preserving the constitutional guarantee of birthright citizenship.
“We will fight this unlawful order at every turn to ensure that the rights of all American-born children remain protected,” Bonta affirmed.