Democrats, Pro-Voting Groups Sue to Block Trump’s Order Restricting Birthright Citizenship
Democratic officials and pro-voting groups sued to block President Donald Trump’s executive order ending birthright citizenship for future children born in this country to some noncitizen parents — starting Feb. 19.
“Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values,” said Anthony Romero, executive director of the ACLU. “We will not let this attack on newborns and future generations of Americans go unchallenged.”
When he entered office Monday, Trump signed the “Protecting the Meaning and Value of American Citizenship” executive order, which is set to strip hundreds of thousands of children of the right to automatic U.S. citizenship, specifically targeting those whose parents aren’t citizens or are temporary but lawful residents at the time of their birth.
Democratic officials in 18 states, along with Washington, D.C. and San Francisco, filed a lawsuit Tuesday asking a federal court in Massachusetts to declare the order unconstitutional and prevent the administration from enforcing it.
The Democrats argued the order violates the Citizenship Clause of the 14th Amendment of the U.S. Constitution, explaining that “[m]ore than 125 years ago, the Supreme Court confirmed that this entitles a child born in the United States to noncitizen parents to automatic citizenship.”
The attorneys general and other officials stated these babies “will be deportable,” and when they grow up, “they will lose their rights to participate in the economic and civic life of their own country—to work, vote, serve on juries, and run for certain offices.”
They also explained that “[the] President has no authority to override or ignore the Fourteenth Amendment’s Citizenship Clause or otherwise amend the Constitution unilaterally, and therefore lacks authority to strip individuals of their right to citizenship.”
Amendments to the U.S. Constitution must be proposed by a two-thirds vote in both the House and Senate or by two-thirds of the state legislatures and then must be ratified by three-fourths of the states.
Democratic attorneys general in Arizona, Illinois, Oregon and Washington also filed their own lawsuit Tuesday in a federal court in Seattle against the order.
Two similar lawsuits were filed Tuesday in New Hampshire — one by the ACLU on behalf of immigrant and Latino civil rights groups and the other by Lawyers for Civil Rights on behalf of two groups and an expectant mother — who said she’s a temporary but lawful resident and her baby’s father-to-be is a noncitizen.
Additionally, other cases challenging the order were brought in Maryland by two immigrants rights organizations and in California by an expectant mother.
“This effort to demonize Brown and Black immigrants targets all immigrants in this country, regardless of their background,” said Juan Proaño, CEO of the League of United Latin American Citizens. “If not stopped, it will undermine the very essence of what it means to be an American and will tear families apart.”
All six lawsuits asked courts to temporarily block the executive order while litigation is ongoing since it’s set to take effect next month.
Read the lawsuit from Democratic officials in 18 states here.
Read the lawsuit from Democratic officials in four states here.
Read the Lawyers for Civil Rights lawsuit here.
Read the immigrants rights groups’ lawsuit here.
Read the expectant mother’s lawsuit here.
This story was updated Jan. 23, 2025, to add a lawsuit filed by an expectant mother in a federal court in California.