Nearly two dozen states are suing the Trump administration over President Donald Trump’s executive order seeking 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 lawsuit by 18 Democratic-led states said.
“If this unprecedented executive action is allowed to stand, both Plaintiffs and their residents will suffer immediate and irreparable harm,” it argues.
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Trump signed the order, “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.”
It clarifies that those born to illegal immigrant parents, or those who were here legally but on temporary nonimmigrant visas, are not citizens by birthright.
The Trump order argues: “Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth 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 father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”
The states argued that thousands of children are born to parents on temporary or illegal status.
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“Under the Order, such children born after February 19, 2025 – who would have been unquestionably deemed citizens had they been born two days ago – will lack any legal status in the eyes of the federal government,” the states argue. “They will all be deportable, and many will be stateless. They will lose the ability to access myriad 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 economic and civic life of their own country – to work, vote, serve on juries, and run for certain offices.”
Signed onto the lawsuit are 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 and Wisconsin. The city and county of San Francisco, and Washington, D.C., are also signed on.
The lawsuit comes shortly after another one filed by the American Civil Liberties Union (ACLU) “on behalf of organizations with members whose babies born on U.S. soil will be denied citizenship under the order…” and claimed the order is unconstitutional and against congressional intent and Supreme Court precedent.
Four other states, Illinois, Arizona, Washington and Oregon, later filed a separate lawsuit.
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The Trump administration pushed back, saying it was ready to tackle the lawsuit in court.
“Radical Leftists can either 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,” Harrison Fields, White House principal deputy press secretary, told Fox News Digital.
“These lawsuits are nothing more than an extension of the Left’s resistance – and the Trump administration is ready to face them in court,” he said.
Fox News’ Bill Mears contributed to this report.
