States Sue in Attempt to Block Trump's Birthright Citizenship Order

On January 21, 2025, a coalition of 22 states filed a lawsuit challenging President Donald Trump's executive order aimed at ending birthright citizenship for children born in the United States to non-citizen parents.

The executive order, signed on January 20, asserts that the 14th Amendment does not automatically confer citizenship to children of non-citizens, arguing they are not "subject to the jurisdiction" of the United States.

Legal experts widely contest this interpretation, citing the 1898 Supreme Court decision in United States v. Wong Kim Ark, which affirmed that the 14th Amendment guarantees citizenship to all individuals born on U.S. soil, regardless of their parents' nationality.

The lawsuit, filed in the U.S. District Court for the District of Massachusetts, argues that the executive order exceeds presidential authority and violates the Constitution. Massachusetts Attorney General Maura Healey stated, "The president cannot unilaterally rewrite the Constitution. This order is an affront to the rule of law and the principles that define our nation."

In addition to the states' legal action, civil rights organizations, including the American Civil Liberties Union (ACLU), have initiated separate lawsuits challenging the order. Omar Jadwat, director of the ACLU's Immigrants' Rights Project, emphasized, "This executive order is blatantly unconstitutional. The 14th Amendment's guarantee is clear, and the president's attempt to undermine it is legally and morally wrong."

The White House has defended the executive order, asserting it is necessary to address what it describes as abuses of the nation's immigration system. Press Secretary Sarah Sanders stated, "The president is committed to upholding the integrity of our citizenship laws and ensuring they serve the national interest."

As legal proceedings commence, the executive order's implementation is likely to be delayed pending judicial review. The outcome of this legal battle will have profound implications for the interpretation of the 14th Amendment and the future of birthright citizenship in the United States.