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Nearly two dozen states are suing the Trump administration over President Donald Trump’s executive order that seeks to end birthright citizenship for the children of illegal immigrants – claiming that it is unconstitutional and “unprecedented”.
“The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor is he empowered by any other source of law to limit who receives United States citizenship at birth,” the 18-state suit said led by the Democrats.
“If this unprecedented executive action is upheld, both the plaintiffs and their residents will suffer immediate and irreparable harm,” he argues.
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President Donald Trump holds up an executive order after signing it during a presidential inauguration parade indoors in Washington, Monday, Jan. 20, 2025. (AP Photo/Matt Rourke)
Trump signed the orderr, “Protecting the Meaning and Value of American Citizenship,” which ends birthright citizenship for illegal immigrants. The order seeks to clarify the 14th Amendment, which 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.”
Clarifies that those born to illegal immigrant parents, or those who were here legally but on temporary nonimmigrant visas, are not birthright citizens.
Trump’s order argues: “Among the categories of individuals born in the United States and not subject to its jurisdiction, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when the mother of such person was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of that person’s birth, or (2) when that person’s mother was then in the United States of its birth person was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the parent was not a citizen of the United States. or lawful permanent resident at the time of such person’s birth.”
The states argued that thousands of children are born to parents in temporary or illegal status.
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“Under the Order, those children born after February 19, 2025, who would have unquestionably been considered citizens if they had been born two days ago, will have no legal status in the eyes of the federal government,” the states argue. “All will be deportable, and many will be stateless. They will lose access to a myriad of federal services that are available to their fellow Americans. And despite the Constitution’s guarantee of their citizenship, they will lose their rights to participate in the economy and civic life of their own country: work, vote, sit on juries and run for office.”
President Donald Trump unveils the second executive order during the inaugural parade at Capital One Arena on January 20, 2025. (Reuters/Carlos Barria)
The attorneys general of New Jersey, Massachusetts, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont have signed the lawsuit and Wisconsin. The City and County of San Francisco and Washington, DC are also signatories.
The demand comes shortly after another presented by the American Civil Liberties Union (ACLU) “on behalf of organizations with members whose infants born on American soil will be denied citizenship under the order…” and asserted that the order is unconstitutional and contrary to congressional intent and precedent of the Supreme Court.
Four other states, Illinois, Arizona, Washington and Oregon, later filed a separate lawsuit.
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The Trump administration refused, saying he was prepared to address the lawsuit in court.
“Radical leftists can choose to swim against the tide and reject the overwhelming will of the people, or they can get on board and work with President Trump to advance his wildly popular agenda,” said Harrison Fields, senior deputy press secretary. of the White House. Fox News Digital.
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“These lawsuits are nothing more than an extension of the left’s resistance, and the Trump administration is ready to fight them in court,” he said.
Bill Mears of Fox News contributed to this report.
