Democratic States Challenge Trump’s Birthright Citizenship Order

On January 21, 2025, a coalition of 18 Democratic-led states, along with the District of Columbia and the city of San Francisco, filed a lawsuit in federal court in Boston against President Donald Trump’s executive order aimed at ending birthright citizenship. The plaintiffs argue that the order violates the 14th Amendment of the U.S. Constitution, which grants citizenship to all individuals born on U.S. soil.

The executive order, signed shortly after President Trump’s inauguration, directs federal agencies to deny U.S. citizenship to children born in the United States if their parents are neither citizens nor lawful permanent residents. This policy would affect over 150,000 children born annually, stripping them of citizenship rights and access to federal programs.

Massachusetts Attorney General Andrea Joy Campbell stated, “President Trump does not have the authority to take away constitutional rights.” New Jersey Attorney General Matthew Platkin added that the lawsuit sends a clear message about defending residents’ basic constitutional rights.

The lawsuits reference the 1898 U.S. Supreme Court decision in United States v. Wong Kim Ark, which affirmed that children born in the U.S. to non-citizen parents are entitled to citizenship. Legal experts anticipate that this case will prompt further judicial examination of executive authority concerning constitutional rights.

The outcomes of these legal proceedings will significantly influence the nation’s approach to citizenship and the balance of power between state and federal authorities. As the situation develops, it is crucial to monitor how these challenges progress through the judicial system and their potential impact on the constitutional rights of individuals born in the United States.

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