WASHINGTON, USA — A coalition of 18 Democratic state attorneys general filed a lawsuit on Tuesday, January 21, 2025, challenging President Donald Trump’s executive order to end birthright citizenship in the United States.
The lawsuit, filed in a federal court in Massachusetts, argues that the order violates the 14th Amendment of the Constitution, which has guaranteed citizenship to children born on U.S. soil for more than 150 years.
The states are joined in the suit by San Francisco and Washington, D.C., as well as other plaintiffs seeking a preliminary order to block the policy before its implementation.
The legal battle is poised to become a defining constitutional showdown for Trump’s second term.
Executive Order Sparks Controversy
Trump signed the executive order on Monday, hours after being sworn in for his second term as president.
The policy, which takes effect 30 days after signing, would deny citizenship to children born on U.S. soil to undocumented parents or to mothers temporarily in the country, such as on a visa, where the father is not a U.S. citizen.
The administration’s legal justification hinges on the phrase “subject to the jurisdiction thereof” in the 14th Amendment, arguing that it excludes children of undocumented immigrants.
Legal experts have largely dismissed this interpretation, asserting that the language historically applies only to children of foreign diplomats or occupying forces.
Legal Challenges Mount
New Jersey Attorney General Matthew Platkin, co-leading the lawsuit, said Trump’s order “falls far outside the legal bounds of the President’s authority.”
“Birthright citizenship has been part of the fabric of this nation for centuries,” Platkin said. “The president cannot, with a stroke of a pen, rewrite the Constitution and upend the rule of law.”
A separate lawsuit filed on Monday by the American Civil Liberties Union (ACLU) and other civil rights organisations in New Hampshire also challenges the order.
Both suits claim the policy unlawfully strips citizenship from an estimated 150,000 children annually, creating a population of stateless individuals without legal protections or access to federal services.
Impact on Families and Communities
The lawsuits highlight the practical and humanitarian consequences of the order.
Noncitizen children would be denied access to federal health care, education, and other essential services, potentially shifting the financial burden to state and local governments.
“Under the Order, such children born after February 19, 2025 – who would have been unquestionably deemed citizens had they been born two days ago – will lack any legal status in the eyes of the federal government,” the states’ lawsuit argues.
Cecillia Wang, national legal director of the ACLU, said the policy “strikes at the heart of American communities,” with widespread consequences for families and local economies.
“If it is not stopped in court, he really, as I said, is striking at the heart of American communities, both with his attack on birthright citizenship, as well as many of these other immigration enforcement activities,” Wang said.
A Long-Forecast Legal Battle
Trump’s intent to end birthright citizenship has been a focal point of his immigration agenda since his first term, giving opponents ample time to prepare.
Among the plaintiffs in the ACLU lawsuit are expectant parents who would be directly impacted by the order.
States argue that the policy not only undermines constitutional protections but imposes financial and administrative burdens on local governments, which would need to address the fallout from families losing access to federally funded services.
The Path to the Supreme Court
The Massachusetts filing ensures that any appeal will go through the First U.S. Circuit Court of Appeals, where all judges are Democratic appointees.
The case could eventually reach the Supreme Court, where Trump’s expanded conservative majority would weigh in on the landmark constitutional question.
The Trump administration appears prepared for litigation, with aides stating that the order was carefully crafted to withstand judicial scrutiny.
Future Implications
The lawsuits underscore the high stakes of Trump’s executive action, which could redefine the interpretation of a constitutional guarantee.
Legal experts warn of the far-reaching consequences if the policy is upheld.
“The impacted children will lose the ability to access myriad federal services that are available to their fellow Americans,” the states’ lawsuit argues.
“And despite the Constitution’s guarantee of their citizenship, they will lose their rights to participate in the economic and civic life of their own country.”
As the legal battle unfolds, the nation’s courts are set to determine whether Trump’s unprecedented action can withstand constitutional scrutiny.
