A coalition of Democratic-leaning states and civil rights groups has filed lawsuits against former U.S. President Donald Trump over his plan to end birthright citizenship.
The lawsuits were filed just hours after Trump signed an executive order aimed at restricting automatic citizenship for those born on U.S. soil.
Two lawsuits were filed by the American Civil Liberties Union (ACLU), immigrant organizations, and an expectant mother, marking the first major legal challenge to Trump's administration.
Additionally, 22 Democratic-led states, along with the District of Columbia and San Francisco, filed lawsuits in federal courts in Boston and Seattle, arguing that Trump exceeded his authority and violated the U.S. Constitution’s 14th Amendment.
If implemented, the executive order would deny citizenship to more than 150,000 children born in the U.S. each year, according to Massachusetts Attorney General Andrea Joy Campbell. She stated, “President Trump does not have the authority to take away constitutional rights.”
Understanding Birthright Citizenship
Birthright citizenship is granted to anyone born in the United States, as established by the Citizenship Clause of the 14th Amendment, ratified in 1868. This amendment was introduced after the Civil War to overturn the Supreme Court's Dred Scott v. Sandford decision, which denied citizenship rights to African Americans.
The landmark 1898 Supreme Court case United States v. Wong Kim Ark reaffirmed that children born in the U.S. to non-citizen parents are entitled to citizenship, regardless of their parents’ immigration status. However, the Court has not ruled on whether birthright citizenship applies to children of undocumented immigrants.
Trump's Executive Order
Trump’s executive order aims to deny automatic citizenship to children born to parents who are unlawfully present in the U.S. It also excludes children born to individuals temporarily in the U.S. on student or tourist visas if the father is not a citizen or lawful permanent resident.
Trump has frequently criticized "birth tourism," where foreign nationals travel to the U.S. to give birth, securing citizenship for their children.
According to the Department of Homeland Security, the number of undocumented immigrants in the U.S. was estimated at 11 million in January 2022, with some estimates now placing the figure at 13-14 million. Many of their U.S.-born children currently qualify as citizens and have access to federal programs, lawful employment, and voting rights.
Legal Challenges to the Order
Legal experts argue that Trump cannot unilaterally end birthright citizenship via executive order, predicting a lengthy court battle. Professor Saikrishna Prakash of the University of Virginia Law School noted that while Trump can instruct federal agencies to reinterpret citizenship laws, legal challenges would likely escalate to the U.S. Supreme Court.
Any changes to birthright citizenship would require a constitutional amendment, which demands a two-thirds majority in both the House and Senate, as well as approval from three-fourths of U.S. states—an unlikely scenario given the current political landscape.
Ongoing Legal Proceedings
Three lawsuits were filed in Massachusetts and New Hampshire, with potential appeals going through the Boston-based 1st U.S. Circuit Court of Appeals, known for its Democratic-leaning judges. Another case was filed in Washington state, where the San Francisco-based 9th Circuit Court of Appeals will oversee proceedings. A hearing on a temporary restraining order is scheduled in Seattle.
A fifth lawsuit, filed in Maryland, includes plaintiffs such as pregnant women and immigrant rights groups, arguing that the order infringes on constitutional protections.
In addition to immigration-related lawsuits, Trump’s executive actions have faced challenges from other sectors, including federal employee unions, which are contesting an order making it easier to dismiss government workers and replace them with political appointees.
With multiple legal challenges underway, the future of birthright citizenship remains uncertain, with the courts expected to play a decisive role in shaping immigration policy.
