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A coalition of 19 Democratic attorneys general filed a lawsuit Tuesday in federal court in Massachusetts, seeking to block President Donald Trump’s controversial executive order aimed at restricting birthright citizenship.
Trump’s order, signed Monday, proposes limiting automatic citizenship to children born in the United States who have at least one parent who is either a U.S. citizen or a lawful permanent resident. Critics argue that the executive order violates the Constitution’s 14th Amendment, which has long been interpreted to guarantee citizenship to all individuals born on U.S. soil, except for the children of diplomats.
“This is a flagrantly unlawful attempt to strip hundreds of thousands of American-born children of their citizenship based solely on their parentage,” the lawsuit states.
Strong Opposition From Democratic States and Civil Rights Groups
The lawsuit, led by attorneys general from Massachusetts, New York, California, New Jersey, and the District of Columbia, is part of a broader legal battle against the policy. Civil rights organizations have also filed separate lawsuits to prevent the order from taking effect.
In a joint statement, Massachusetts Attorney General Andrea Campbell called the executive order “an egregious overreach that directly undermines the Constitution.”
“This is not just an attack on immigrant communities—it’s an attack on the very foundation of what it means to be an American,” Campbell said.
14th Amendment in Focus
The legal challenge centers on the interpretation of the 14th Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Legal scholars and civil rights advocates have long argued that this guarantees birthright citizenship to anyone born on U.S. soil, a principle upheld by the Supreme Court in an 1898 decision. Trump’s attempt to reinterpret the amendment is seen by many as an unprecedented move that is unlikely to withstand judicial scrutiny.
Next Steps in the Legal Battle
Trump’s executive order is set to go into effect in one month, allowing courts time to issue injunctions before its implementation. The lawsuit was strategically filed in Massachusetts, a federal district court under the jurisdiction of an appeals court dominated by Democratic-appointed judges, potentially improving the plaintiffs’ chances of securing a favorable ruling.
Civil rights groups, including the American Civil Liberties Union (ACLU), have also condemned the order. “This is a blatant attempt to rewrite constitutional protections through executive fiat,” said Omar Jadwat, Director of the ACLU’s Immigrants’ Rights Project.
Trump Administration’s Defense
Trump and his administration argue that the executive order addresses what they describe as “birth tourism” and the exploitation of U.S. citizenship laws. In signing the order, Trump called it “a necessary step to protect American sovereignty and prevent the misuse of citizenship laws by those who do not contribute to this country.”
However, with bipartisan legal experts criticizing the policy as unconstitutional, the executive order is expected to face a difficult battle in court.
