Yesterday, within hours of taking office, President Trump signed ten executive orders directly pertaining to immigration. Among them was his order to end birthright citizenship for children born to non-citizen parents.
In response, New York Attorney General Letitia James announced today that she and a multistate coalition of 18 states, as well as the City of San Francisco, are suing the administration for violating the constitutional right given to all children born in the United States.
The lawsuit, which was filed in the U.S. District Court for the District of Massachusetts, argues that the President’s order violates the 14th Amendment of the U.S. Constitution and notes that the U.S. Supreme Court has twice upheld birthright citizenship, reinforcing it as the law of the land regardless of the immigration status of the baby’s parents.
Birthright citizenship was enshrined in the Constitution with the ratification of the 14th Amendment in 1868 in the aftermath of the Civil War. The law granted citizenship to all persons “born or naturalized in the United States,” including the formerly enslaved who had long been denied citizenship.
But Trump’s order would directly contradict the constitution by directing federal agencies to refuse to recognize U.S. citizenship for children born in the U.S. to mothers who are in the country illegally, or legally on visas if the father is not a U.S. citizen or lawful permanent resident.
If allowed to stand, the order will take effect beginning February 19. Departments or agencies of the United States government will no longer “issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship,” to babies born to parents who are lawfully here on certain visas or are undocumented.
If enforced, these children will not be eligible for a wide range of federal benefits programs like Social Security nor will they be able to work lawfully. They will also no longer be guaranteed the right to vote, serve on a jury, or run for elected office. They also could be deported to another country where they were not born.
Attorney General James and the coalition are seeking to invalidate the executive order and stop any actions taken to implement it. The states are requesting the federal court intervene to prevent the President’s order from taking effect through a preliminary injunction filed with the court. A preliminary injunction is a court order that temporarily halts a party from taking any action while a lawsuit is in progress.
“The great promise of our nation is that everyone born here is a citizen of the United States, able to achieve the American dream,” said Attorney General James in a statement. “ President Trump’s attempt to undermine the fundamental right to birthright citizenship is not just unconstitutional, it is profoundly dangerous.”
Joining Attorney General James in filing today’s lawsuit are the attorney generals of California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont and Wisconsin, as well as the City of San Francisco.
In addition to the state attorney general’s legal challenge to the executive order is a slew of immigrant rights groups who filed their own lawsuit on Monday. Their case, which was filed on behalf of organizations including Make the Road New York, is being spearheaded by a coalition of groups including the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Asian Law Caucus, State Democracy Defenders Fund, and Legal Defense Fund.
“Birthright citizenship is a cornerstone of our democracy,” said Theo Oshiro, co-executive director of Make the Road New York in a statement. “Our members, who come from all over the world, have created vibrant communities, loving families, and built this country over generations. To deny their children the same basic rights as all other children born in the United States is an affront to basic values of fairness, equality, and inclusivity.”
