States sue to block Trump's executive order on birthright citizenship
Trump signs additional executive orders on Day 1
President Donald Trump continued signing additional executive orders after returning to the Oval Office on Monday. The sweeping orders included delaying TikTok's ban for 75 days in order to find a U.S. buyer, moving to withdraw from the World Health Organization, and working to end birthright citizenship.
LOS ANGELES - At least 19 states and two cities sued to block President Donald Trump’s executive order that refuses to recognize U.S.-born children of illegal immigrants as citizens on Tuesday.
Attorneys general from the 19 states and two cities state Trump’s attempt to end birthright citizenship is "flagrantly unlawful."
The complaint
The suit asks the court to find Trump’s order to be unconstitutional. It highlights the case of a woman identified as "Carmen," who is pregnant but is not a citizen. The lawsuit says she has lived in the U.S. for more than 15 years and has a pending visa application that could lead to permanent status. She has no other immigration status, and the father of her expected child has no immigration status either, the suit says.
What they're saying:
"Stripping children of the ‘priceless treasure’ of citizenship is a grave injury," the suit said. "It denies them the full membership in U.S. society to which they are entitled."
"State Attorneys General have been preparing for illegal actions like this one, and today’s immediate lawsuit sends a clear message to the Trump Administration that we will stand up for our residents and their basic constitutional rights," according to a statement from New Jersey Attorney General Matthew Platkin.
RELATED: Arizona sues to block Trump's attempt to end birthright citizenship
Washington Attorney General Nick Brown also announced a separate lawsuit filed in the U.S. District Court of the Western District of Washington against Trump's executive order regarding birthright citizenship.
Which states/cities are part of the suit?
- New Jersey
- California
- Massachusetts
- Colorado
- Connecticut
- Delaware
- Hawaii
- Maine
- Maryland
- Michigan
- Minnesota
- Nevada
- New Mexico
- New York
- North Carolina
- Rhode Island
- Vermont
- Washington
- Wisconsin
- D.C.
- San Francisco
RELATED: California, immigrant rights group take aim at Trump over birthright citizenship order
What did Trump’s order say?
The order questions whether the 14th Amendment extends citizenship automatically to anyone born in the U.S.
The 14th Amendment was born in the aftermath of the Civil War and ratified in 1868.
Trump's order excludes the following people from automatic citizenship: those whose mothers were not legally in the United States and whose fathers were not U.S. citizens or lawful permanent residents; people whose mothers were in the country legally but on a temporary basis and whose fathers were not citizens or legal permanent residents.
It goes on to bar federal agencies from recognizing the citizenship of people in those categories. It takes effect 30 days from Tuesday, on Feb. 19.
Hundreds of immigrants wait in long lines at the Charlotte ICE office the day after President Donald Trump takes office in Charlotte, United States on January 21, 2025. (Photo by Peter Zay/Anadolu via Getty Images)
What is birthright citizenship?
Birthright citizenship means that anyone who was born in the United States is a citizen, regardless of their parents’ immigration status.
The backstory:
This right has been around for decades and is enshrined in the 14th Amendment of the Constitution, according to supporters.
The clause reads:
"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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."
However, the 14th Amendment did not always guarantee birthright citizenship to all people who were born in the U.S.
Dig deeper:
United States v. Wong Kim Ark
In 1898 an important birthright citizenship case unfolded in the U.S. Supreme Court. The court held that Wong Kim Ark, who was born in San Francisco to Chinese immigrants, was a U.S. citizen because he was born in the country.
After a trip abroad, he had faced denied reentry by the federal government on the grounds that he wasn't a citizen under the Chinese Exclusion Act.
Indian Citizenship Act
The 14th Amendment did not always guarantee birthright citizenship to all U.S.-born people. Congress did not authorize citizenship for all Native Americans born in the United States, for instance, until 1924.
Dred Scott v. Sandford
The 14th Amendment was passed by Congress in 1866 after the Civil War and during the period of Reconstruction. The amendment was ratified on July 9, 1868 by three-fourths of the states.
By extending citizenship to those born in the U.S., the amendment nullified an 1857 Supreme Court decision (Dred Scott v. Sandford), which had held that those descended from slaves could not be citizens.
The Source: Information for this article was gathered from The Associated Press, a news release from New Jersey Attorney General Matthew Platkin, Reuters, Oyez, and the official complaint filed by the states on Jan. 21, 2025. This story was reported from Los Angeles.