24 Democratic States And Cities Sue Trump Over Birthright Citizenship Order
Twenty-four Democratic-led states and cities have filed lawsuits against President Donald Trump’s executive order aimed at ending birthright citizenship in the United States.
The lawsuits, filed on Tuesday, January 21, argue that the executive order signed by Trump violates the 14th Amendment of the Constitution, which guarantees citizenship to all individuals born on U.S. soil.
“Despite a President’s broad powers to set immigration policy, the Citizenship Stripping Order falls far outside the legal bounds of the President’s authority,” states a lawsuit filed by 18 states, Washington, D.C., and San Francisco in a Massachusetts federal court.
The lawsuits emphasize the long-standing legal and constitutional basis for birthright citizenship. The Supreme Court has upheld the principle in past rulings, and federal law predating the 14th Amendment’s 1868 ratification establishes that children born in the U.S. are entitled to citizenship.
Matthew Platkin, New Jersey’s Democratic Attorney General and a co-leader of the lawsuit, criticized the executive order:
“Birthright citizenship has been part of the fabric of this nation for centuries. The president cannot, with a stroke of a pen, rewrite the Constitution and upend the rule of law.”
The case filed by the 18 states in Massachusetts could become a significant test for Trump’s second-term agenda. Any appeal would go through the First U.S. Circuit Court of Appeals, where judges are predominantly Democratic appointees.
Separately, attorneys general from Washington, Arizona, Oregon, and Illinois filed their own lawsuit in federal court in Seattle, which falls under the 9th U.S. Circuit Court of Appeals.
Both lawsuits seek a preliminary injunction to block the policy’s implementation while legal proceedings continue.
The legal pushback has been bolstered by lawsuits from the American Civil Liberties Union (ACLU) and immigration rights groups, who filed separate challenges on Monday.
These coordinated efforts underscore widespread opposition to the executive order, which critics argue undermines centuries of constitutional precedent and established immigration policy.
This legal battle is likely to make its way to the Supreme Court, setting the stage for a significant constitutional showdown.