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18 States Sue Trump Administration Over Birthright Citizenship Order


U.S. Marine Corps Lance Cpl. Cristian L. Ricardo, Public domain, via Wikimedia Commons
U.S. Marine Corps Lance Cpl. Cristian L. Ricardo, Public domain, via Wikimedia Commons


What's Happening


A coalition of 18 states has filed a federal lawsuit to challenge former President Donald Trump's executive order aiming to end birthright citizenship. The lawsuit, filed on Tuesday in Massachusetts, claims the order violates the 14th Amendment of the U.S. Constitution.


The cities of San Francisco and Washington, D.C., have joined the suit, which seeks to block the enforcement of the order and ultimately have it declared invalid.


Why It Matters


Birthright citizenship, a principle rooted in the 14th Amendment, ensures that anyone born on U.S. soil automatically becomes a U.S. citizen, regardless of their parent's immigration status. Advocates argue this is a cornerstone of American values and law.


Trump's executive order directs federal agencies to stop issuing passports and citizenship documents to children born in the U.S. whose parents are not legal permanent residents or are in the country illegally.


Legal Context


The 14th 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."

The federal government has historically interpreted this language to grant citizenship at birth to nearly everyone born in the U.S. The executive order challenges this long-standing interpretation.


The Lawsuit


Led by Democratic state attorneys general, the suit alleges that Trump's executive order is unconstitutional. It seeks an immediate injunction to stop the order from taking effect, followed by a permanent invalidation.


California Attorney General Rob Bonta described the order as “blatantly unconstitutional and un-American,” emphasizing that the president overstepped his authority.


The states involved include: California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin.


Additional Challenges


The American Civil Liberties Union (ACLU) and other advocacy groups filed a separate lawsuit opposing the order. Later on Tuesday, another four states — Illinois, Arizona, Washington, and Oregon — launched their own legal challenge in Washington state.


Illinois Attorney General Kwame Raoul stressed the need for bipartisan immigration reform but called the denial of birthright citizenship unconstitutional and inconsistent with U.S. history.


Next Steps


Trump's executive order mandates enforcement within 30 days, but the legal challenges could delay or block its implementation. The outcome of these lawsuits will determine whether the U.S. continues to uphold birthright citizenship as defined by the 14th Amendment.


Stay tuned for further developments as the court battles unfold.



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