On January 21st, legal challenges erupted across the United States as 22 states, led by 18 Democratic attorneys general, filed lawsuits against President Donald Trump’s executive order to end birthright citizenship. The controversial order, signed on January 20th, seeks to reinterpret the 14th Amendment to deny citizenship to U.S.-born children of noncitizen parents, sparking immediate backlash.
The executive order directs federal agencies to cease issuing citizenship documents to children born to undocumented mothers or mothers on temporary visas if the father is not a U.S. citizen or permanent resident. Trump’s order claims to “protect the meaning and value of American citizenship,” stating, “The United States must not reward violations of immigration law with the gift of citizenship to those whose allegiance is to another nation.”
The lawsuits argue that Trump’s order is an unconstitutional overreach. “The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute,” reads the complaint filed by 18 states and the District of Columbia. Four additional states followed suit in filing, bringing the number to 22 states. Critics highlight the 14th Amendment’s language, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
New Jersey Attorney General Matthew Platkin called the order “a flagrant violation of our Constitution,” emphasizing that birthright citizenship has been a foundational principle of American law for over 150 years. California Attorney General Rob Bonta pledged to defend progress in his state, stating, “This isn’t just an attack on the law. It’s an attack on the very fabric of this nation.”
The lawsuits contend that the order could render 150,000 children stateless annually, affecting their access to healthcare, education, and other basic services. States also warn of significant financial repercussions, including loss of federal funding for programs that support children regardless of immigration status.
The 14th amendment, which grants birthright citizenship to anyone born on U.S. soil, was adopted to the constitution on July 9th, 1868 to grant citizenship to slaves and formerly enslaved people following the Civil War. The amendment, which grants equal protection under the law and citizenship rights, was in direct opposition to the infamous Supreme Court ruling Dred Scott v. Sandford, in which the court decided 7-2 that Americans who were descendants of slaves that were brought to the U.S. from Africa could not be citizens. The court ruled that Dred Scott, a former slave who lived in a free state, was not entitled to freedom and that African Americans were not citizens, nor would they ever be citizens. This decision pushed the U.S. towards a civil war and led to the 13th and 14th Amendments.
New York Attorney General Letitia James, when talking about the lawsuit, said, “The great promise of our nation is that everyone born here is a citizen of the United States, able to achieve the American dream. 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.”
U.S. District Judge John Coughenour, appointed by President Ronald Reagan, will hold a hearing on Thursday to consider a temporary restraining order against the executive action. Legal experts widely predict that the case will ultimately be decided by the Supreme Court, given the far-reaching implications for immigration policy and constitutional interpretation.
