18 states, the District of Columbia, and the city of San Francisco have filed a federal lawsuit against President Donald Trump following his executive order ending birthright citizenship. The lawsuit, filed in the U.S. District Court in Massachusetts on January 21, 2025, asserts that Trump’s actions violate the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all individuals born on American soil.
Background of the Executive Order
Shortly after his inauguration on January 20, 2025, Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship.” This directive seeks to deny automatic citizenship to children born in the U.S. to parents who are undocumented or hold temporary visas. The order is set to take effect on February 19, 2025, unless halted by court intervention.
The executive order has sparked widespread outrage and concern among legal experts and civil rights advocates. Critics argue that it undermines a long-standing constitutional principle that has been upheld for over 150 years. The lawsuit claims that Trump’s initiative is a “flagrantly unlawful attempt” to strip American-born children of their citizenship based solely on their parents’ immigration status.
Legal Arguments Against the Order
The coalition of state attorneys general, including those from California, New York, and Massachusetts, contends that the executive order violates the clear language of the 14th Amendment, which states: “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The lawsuit emphasizes that Trump’s interpretation of “subject to jurisdiction” is an unprecedented attempt to redefine citizenship in a manner inconsistent with established law.
New York Attorney General Letitia James remarked, “The great promise of our nation is that everyone born here is a citizen of the United States, able to achieve the American dream.” She stressed that this fundamental right is rooted in justice and equality.
Potential Impact of the Order
If allowed to stand, Trump’s order could affect approximately 150,000 children born each year in the U.S. to parents without legal status or those on temporary visas. These children would be denied vital documents such as passports and social security numbers, effectively rendering them stateless and stripping them of their rights to participate fully in American society.
The lawsuit argues that such a move would not only harm individual families but also have broader implications for public health and welfare programs reliant on accurate citizenship documentation. Many children currently receive essential services based on their citizenship status; denying them this status could jeopardize their access to healthcare and educational opportunities.
Broader Legal Landscape
This lawsuit is part of a larger wave of legal challenges expected against various executive orders issued by Trump during his second term. Advocacy groups like the American Civil Liberties Union (ACLU) have already filed separate lawsuits against similar measures aimed at curtailing immigration rights.Legal experts predict that this issue will ultimately reach the Supreme Court, where justices will be tasked with interpreting the implications of Trump’s executive order against historical precedents regarding birthright citizenship.
By Joseph Johnston,
Youth Editor,
Egogonews Hub