Attorneys general from 22 states have filed lawsuits challenging President Trump’s executive order aimed at ending birthright citizenship for U.S.-born children of unauthorized immigrants.
The lawsuits, which were filed in two federal district courts on Tuesday, mark the start of a legal fight over the Trump administration’s immigration policies.
According to The New York Times, 18 states, along with the cities of San Francisco and Washington, D.C., filed a case in the Federal District Court in Massachusetts, arguing that the 14th Amendment guarantees birthright citizenship and that the president lacks the authority to change this.
Four other states filed a second lawsuit in the Western District of Washington.
States argue the president cannot change the constitution
The legal challenge stems from President Trump’s executive order, signed on Monday, which seeks to not grant birthright citizenship to children born in the U.S. to unauthorized immigrants. The order also extends to children born to temporary legal residents, such as foreign students or tourists.
Trump’s administration claims these children are not “subject to the jurisdiction” of the U.S. and are not covered by the 14th Amendment.
Reports cites that New Jersey Attorney General Matthew Platkin, who is leading one of the lawsuits, called the order “extraordinary and extreme” and argued that “the president cannot rewrite the Constitution with a stroke of the pen.”
Potential impact on thousands of children born in the U.S.
The lawsuits argue that the executive order could impact thousands of children born in the U.S. each year. The attorney general of Washington, Nick Brown, stated that the order would deny citizenship to 150,000 newborns annually.
“It could even render them citizens to no country at all,” he said, adding that his state, along with Oregon, Arizona, and Illinois, is committed to blocking the order.
- Legal experts have warned that the order goes against over 100 years of legal precedent, which has consistently interpreted the 14th Amendment to guarantee citizenship to all children born in the U.S., regardless of their parents’ immigration status.
- Yale Law School professor Akhil Reed Amar called the order “so outlandish” that it is likely to be struck down by the courts.
California and other states join the legal battle
California Attorney General Rob Bonta, who is also involved in the lawsuit, stated that more than 20,000 newborns in California could lose citizenship under the new order, New York Times informs.
“Mr. Trump is trying to keep a promise he made during the campaign,” Bonta said. “We are trying to keep a promise to uphold the law.”
The lawsuits have been filed by a broad coalition of states, including New Jersey, Massachusetts, California, New York, and others. The plaintiffs are asking the courts to block the order before it takes effect in 30 days. A separate lawsuit, led by the American Civil Liberties Union (ACLU), has been filed in New Hampshire.
Legal hurdles and court rulings ahead
The lawsuits over Trump’s birthright citizenship order will likely take months or longer to resolve, reports reveal.
- The order will not take effect for 30 days, allowing courts time to rule on its legality. Legal experts predict that the courts will find the executive order unconstitutional, as the president cannot bypass Congress to make changes to the Constitution.
- A law professor at Indiana University, Gerard Magliocca, said that the courts will likely side with the states, as the executive branch is not authorized to make such significant changes on its own.
Washington state’s Attorney General Nick Brown emphasized his commitment to challenging the executive order. “It is my oath to defend the Constitution,” he said, adding that the state would continue to take legal action against the Trump administration’s policies.
As the legal battle progresses, the future of the executive order and its impact on birthright citizenship remains uncertain.
