By Okafor Joseph Afam | January 22, 2025

A coalition of 18 Democratic state attorneys general has filed a federal lawsuit to challenge President Trump’s executive order that aims to end birthright citizenship for children born in the U.S. to undocumented immigrants or non-permanent residents.

The lawsuit, filed on Tuesday in Massachusetts federal court, requests a preliminary injunction to halt the enforcement of the order, which is set to take effect in 30 days, and seeks its ultimate invalidation. The cities of San Francisco and Washington, D.C., have also joined the suit.

President Trump issued the executive order on Monday, the first day of his second term in office, as part of a broader immigration crackdown. The order instructs federal agencies to stop issuing citizenship-related documents, such as passports and certificates, to affected individuals.

The states argue that the executive order violates the 14th Amendment of the U.S. Constitution. The amendment, ratified in 1868, 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.”

For over 150 years, this clause has been interpreted to mean that nearly all individuals born on U.S. soil are citizens.

New York Attorney General Letitia James described the executive order as an attack on fundamental rights. “The great promise of our nation is that everyone born here is a citizen of the United States, able to achieve the American dream,” she said. “This fundamental right to birthright citizenship, rooted in the 14th Amendment and born from the ashes of slavery, is a cornerstone of our nation’s commitment to justice.”

California Attorney General Rob Bonta echoed similar sentiments, stating, “The President’s executive order attempting to rescind birthright citizenship is blatantly unconstitutional and, quite frankly, un-American.”

The lawsuit represents a united front from 18 states, including California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin.

The plaintiffs are asking the court to act swiftly and block the executive order before it can be implemented, arguing that it could cause irreparable harm to millions of people and undermine the principles of equality and justice.

This legal battle sets the stage for a contentious fight over immigration policy and constitutional interpretation, with potential implications for the 2025 political landscape.