California Attorney General Rob Bonta, joined by a coalition of 18 state attorney generals, filed a lawsuit against the Trump administration, challenging a contentious executive order that seeks to end birthright citizenship for children born on U.S. soil. The lawsuit seeks to block the order from taking effect while the court evaluates its constitutionality.
Bonta is joined by the attorneys general of New Jersey, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina Rhode Island, Vermont, and Wisconsin, along with the City of San Francisco.
The lawsuit, filed in federal court, argues that President Donald Trump's directive violates the Fourteenth Amendment of the U.S. Constitution, which guarantees citizenship to anyone born in the United States.
The 50-page complaint outlines the severe consequences of the order for both individuals and states. Children born to immigrant parents who would have been recognized as citizens under current law could lose access to critical federal services, including healthcare, education and social benefits.
If the courts review the case, it could have significant implications for the future of birthright citizenship in the U.S., potentially reshaping immigration policy and the rights of American-born children. Legal experts broadly agree that the president has overstepped his executive authority in attempting to alter a long-standing constitutional principle.
"The President's executive order attempting to rescind birthright citizenship is blatantly unconstitutional and, quite frankly, un-American," Bonta said in a statement. "As home to Wong Kim Ark, a Chinese-American man who fought to have his citizenship recognized, California condemns the President’s attempts to erase history and ignore 125 years of Supreme Court precedent.”
At stake, according to Bonta and other state officials, are the basic rights of tens of thousands of children born in the U.S. each year who would lose their citizenship under the proposed policy. California alone sees an estimated 24,500 such births annually.
The coalition of attorneys general also warns that the executive order would harm state governments by creating chaos in public welfare programs. States could be forced to alter their administration of Medicaid, the Children’s Health Insurance Program and other critical health services for millions of children whose citizenship status would be called into question. The order could disrupt these programs, which are contingent on citizenship status, and potentially jeopardize billions in federal funding.
Many legal minds believe the suit has strong constitutional grounds, as courts have long upheld the principle of birthright citizenship. However, if the order were allowed to stand, it could set a precedent that would impact not just immigration policy, but the very concept of citizenship in the U.S.
As the legal battle unfolds, the fate of birthright citizenship—one of the foundational elements of American law—remains in jeopardy, raising fundamental questions about the rights of citizens and the limits of executive power.
"We are asking a court to immediately block this order from taking effect and ensure that the rights of American-born children impacted by this order remain in effect while litigation proceeds,” Bonta concluded, “the President has overstepped his authority by a mile with this order, and we will hold him accountable"
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