Nearly 2 Dozen States Sue Trump Admin Over Birthright Citizenship Decision: ‘Unprecedented’
Nearly two dozen states are suing the Trump administration over President Donald Trump’s executive order to end birthright citizenship for children illegal immigrants – claiming that it is unconstitutional and “unprecedented”.
“The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor does any other source of law authorize him to limit who becomes a citizen of the United States at birth,” the 18 Democratic-led states said in the lawsuit.
“If this unprecedented enforcement action is allowed, both the plaintiffs and their residents will suffer immediate and irreparable harm,” it argued.
President Donald Trump holds an executive order after signing it during a closed inauguration parade in Washington, Monday, Jan. 20, 2025. (AP Photo/Matt Rourke)
Trump signed the orderr, “Protecting the Meaning and Value of American Citizenship,” which revokes birthright citizenship for illegal immigrants. The order seeks to clarify the 14th Amendment, which 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.”
Clarifies that those whose parents are illegal immigrants or those who were here legally but on temporary nonimmigrant visas are not citizens by birthright.
Trump’s order asserts: “Among the categories of individuals born in the United States and not subject to its jurisdiction, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when the person’s mother was unlawfully present in the United States, and the father was not a United States citizen or lawful permanent resident at the time of the birth of the named person, or (2) when the person is the mother’s presence in the United States at the time of the birth of the named person was lawful but temporary (such as, but not limited to to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of that person’s birth.”
States have claimed that thousands of children are born to parents with temporary or illegal status.
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“Under the Order, such children born after February 19, 2025 – who would no doubt be considered citizens if they were born two days earlier – will have no legal status in the eyes of the federal government,” the states claim. “All will be deported, and many will remain stateless. They will lose access to countless federal services available to their fellow Americans. And despite the constitutional guarantee of their citizenship, they will lose their rights to participate in the economic and civic life of their own country—to work, to vote.” , to be on the jury and to run for certain positions.”
President Donald Trump unveils the second executive order during the inauguration parade at Capital One Arena on January 20, 2025. (Reuters/Carlos Barria)
The lawsuit was signed by the attorneys general of New Jersey, Massachusetts, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin. The City and County of San Francisco and Washington, DC, are also signatories.
The lawsuit comes shortly after another he filed American Civil Liberties Union (ACLU) “on behalf of organizations with members whose children born on US soil will be denied citizenship under the order…” and argued that the order was unconstitutional and against the intent of Congress and Supreme Court precedent.
Four other states, Illinois, Arizona, Washington and Oregon, later filed separate lawsuits.
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Trump administration pushed back, saying it was ready to file a lawsuit in court.
“Radical leftists can choose to swim against the tide and reject the overwhelming will of the people, or they can join and work with President Trump to advance his wildly popular agenda,” said Harrison Fields, the White House’s principal deputy press secretary. Fox News Digital.
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“These lawsuits are nothing more than an extension of the resistance of the left – and the Trump administration is ready to face them in court,” he said.
Bill Mears of Fox News contributed to this report.
