President Donald Trump’s executive order to abolish birthright citizenship has provoked an immediate legal response, with 18 states, the District of Columbia, and the City of San Francisco filing suit to challenge the initiative.
The order, signed on Monday shortly after Trump took office, instructs federal agencies to deny citizenship to children born on U.S. soil to undocumented mothers or temporary visa holders if the father is not a U.S. citizen or permanent resident.
The lawsuit, filed by Democratic attorneys general, calls the order “a clearly illegal attempt to deprive hundreds of thousands of U.S.-born children of their citizenship based on ancestry,” according to ABC News. It argues that the president does not have the authority to abrogate constitutional rights by executive order, asserting, “The president does not have the power to amend or nullify a constitutional amendment or regularly enacted law.”
During a press conference, New Jersey Attorney General Matthew Platkin denounced the order as a “clear violation of our Constitution.” He pointed out that “for more than 150 years, our country has applied the same fundamental principle: newborns in this territory are American citizens. This is not just an attack on the law. It is an attack on the very essence of this nation.”
The appeal outlines the possible consequences of the order, stating that around 150,000 children born each year to non-citizen parents without legal status would risk losing access to basic services, including medical care and education. “They will all be subject to deportation, and many will be stateless,” the appeal warns.
The legal challenge goes beyond state governments.
Nonprofits in Massachusetts and New Hampshire have also filed federal lawsuits to block enforcement of the order. California Attorney General Rob Bonta pledged to defend the state’s progress, saying, “We are prepared to face the challenges of a second Trump administration to ensure that in California, our progress will continue and prevail.”
New York Attorney General Letitia James emphasized the historic importance of birthright citizenship. “This fundamental right, enshrined in the 14th Amendment and rising from the ashes of slavery, is a pillar of our nation’s commitment to justice,” said Ms. James.
According to ABC News, the states are seeking a preliminary injunction to suspend enforcement of the order for the duration of court proceedings.
