Democrat attorneys general from 18 states have filed a lawsuit against President Donald J. Trump, challenging his executive order that denies birthright citizenship to children born in the United States to illegal immigrants. The legal action was initiated in the Federal District Court of Massachusetts, with San Francisco and Washington, D.C., joining as co-complainants. This lawsuit represents the beginning of what is anticipated to be an extended legal dispute over the Trump administration’s immigration policies.
New Jersey Attorney General Matthew J. Platkin (D), leading the lawsuit along with counterparts from California and Massachusetts, claims the executive order is presidential overreach, stating that Trump cannot unilaterally amend constitutional rights. Platkin emphasized, “Presidents are powerful, but he is not a king. He cannot rewrite the Constitution with a stroke of the pen.”
The executive order was signed by Trump on Monday, at the onset of his second term in the White House. Under Trump’s order, if both parents are immigrants, their children born in the United States are not automatically granted citizenship. The order argues that these children are not covered by the 14th Amendment‘s citizenship clause.
This interpretation challenges late 19th and early 20th-century legal precedent affirming birthright citizenship, with only a specific exclusion for children of accredited diplomats. However, there is division within the judiciary. For instance, Judge James C. Ho of the U.S. Court of Appeals for the Fifth Circuit has shown some agreement with Trump’s perspective.
Nonetheless, this court’s jurisdiction does not extend to cases in Massachusetts, where the current lawsuit was filed.
🚨 BREAKING: President Donald Trump signs executive order ending unfettered birthright citizenship for aliens coming into the U.S.
Trump notes he expects court challenges. pic.twitter.com/InEcJ15isV
— Eric Daugherty (@EricLDaugh) January 21, 2025