President Donald Trump’s recent executive order to end birthright citizenship has sparked legal action from 18 states, the city of San Francisco, and the District of Columbia.
In a lawsuit filed on Tuesday, the plaintiffs described the order as a “flagrantly unlawful attempt to strip hundreds of thousands of American-born children of their citizenship based on their parentage.”
The lawsuit, initiated by 18 Democratic attorneys general, accuses Trump of attempting to dismantle a “well-established and longstanding Constitutional principle” through executive fiat.
According to the lawsuit, the president lacks the authority to “rewrite or nullify a constitutional amendment or duly enacted statute” and cannot unilaterally decide who qualifies for citizenship under the 14th Amendment.
The executive order, signed hours after Trump was sworn in on Monday, directs federal agencies to stop issuing citizenship documents to children born in the U.S. to undocumented mothers or mothers in the country on temporary visas, unless the father is a U.S. citizen or permanent resident.
This measure, set to take effect next month, could affect approximately 150,000 children born annually to noncitizen parents without legal status.
The lawsuit warns that these children could lose access to essential services, including health care and educational programs, and may become stateless.
States also expressed concerns about losing federal funding for services provided to children, regardless of their immigration status.
“President Trump’s attempt to unilaterally end birthright citizenship is a flagrant violation of our Constitution,” said New Jersey Attorney General Matthew Platkin at a press conference.
He emphasised that birthright citizenship has been a fundamental rule for over 150 years, stating, “This isn’t just an attack on the law. It’s an attack on the very fabric of this nation.”
California Attorney General Rob Bonta reaffirmed the states’ commitment to defending constitutional rights, stating, “We are ready to take on the challenges of a second Trump administration to ensure that in California our progress will continue and that our progress will prevail.”
Also, nonprofit groups in Massachusetts and New Hampshire have filed separate federal lawsuits challenging the executive order. Meanwhile, the states are seeking a preliminary injunction to block the order from being implemented and prevent any actions aimed at enforcing it.
New York Attorney General Letitia James highlighted the historical significance of birthright citizenship, saying, “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.”
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