Lawsuit Filed by 18 States Challenging Trump's Move on Birthright Citizenship

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CBS

On Tuesday, a group of Democratic attorneys general from 18 states launched a federal lawsuit aiming to halt President Trump's executive action intended to revoke birthright citizenship.

Shortly after assuming office, Mr. Trump used his executive authority to initiate a series of actions that fulfilled his long-standing immigration policy promises. Among these was an order instructing the federal authorities to cease the issuance of citizenship documentation, including passports and certificates, to numerous children born in the U.S. to mothers who are undocumented immigrants, or where neither parent holds permanent residency.

This legal challenge, presented in Massachusetts' federal court, contends that Trump's order contravenes the 14th Amendment. Historically, the federal government has interpreted this amendment to automatically grant citizenship to anyone born in U.S. territory. The cities of Washington, D.C., and San Francisco have also aligned themselves with this lawsuit.

"Our nation's promise has always been that anyone born on U.S. soil is rightfully a citizen," remarked New York Attorney General Letitia James in her statement to CBS News. "The foundational right to citizenship from birth—enshrined in the 14th Amendment after the era of slavery—is essential to America's dedication to justice."

The states involved are seeking a court order to temporarily prevent the implementation of this executive action and ultimately declare it null and void. The attorneys general joining this suit come from 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 attempt to end birthright citizenship via executive order is not only unconstitutional but fundamentally un-American," said California Attorney General Rob Bonta. "We have requested immediate court intervention to ensure that the birthright citizenship rights of children born in America remain protected while the lawsuit proceeds. This executive action represents a significant overreach, and accountability is essential."

The opening clause of the 14th Amendment 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."

President Trump specified that the order would be enforced in 30 days. Legal challenges emerged rapidly, with the American Civil Liberties Union and other groups filing separate actions to block the order.

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Graham Kates, who specializes in topics such as criminal justice and privacy, frequently reports for CBS News Digital. You can contact him at KatesG@cbsnews.com or via secure email at grahamkates@protonmail.com.