Politics

/

ArcaMax

States challenge Trump order seeking to end birthright citizenship

Michael Macagnone and Chris Johnson, CQ-Roll Call on

Published in Political News

WASHINGTON — More than a dozen states challenged President Donald Trump’s executive order seeking to end birthright citizenship Tuesday, asking a federal judge to block a campaign pledge of the incoming administration.

The order from Trump, one of dozens that Trump signed on his first day in office, argued a provision in the 14th Amendment that requires people to be “subject to the jurisdiction” of the United States allows him to define the children of undocumented immigrants as noncitizens.

Trump, who campaigned on ending birthright citizenship, ordered the government to deny citizenship to anyone born in the United States to undocumented or temporary resident parents as of Feb. 9.

The lawsuit from the state officials, filed in U.S. District Court for the District of Massachusetts, seeks an injunction to block the executive order. It argues that Trump overstepped his bounds by trying to overturn the 14th Amendment to the Constitution with only the stroke of a pen.

“The president has no authority to rewrite or nullify a constitutional amendment or duly enacted statute,” the lawsuit said.

The lawsuit comes from either states or officials from Massachusetts, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, Wisconsin, and the District of Columbia and San Francisco.

Immigrant advocacy organizations filed separate lawsuits Monday to challenge the order.

California Attorney General Rob Bonta, at a press conference announcing the suit, called Trump’s actions “un-American” and that it could impact more than 20,000 Californians born in the next year alone.

“The president chose to start his second term by knocking down one of our nation’s fundamental longstanding rights and foundational documents,” Bonta said.

Bonta said Trump’s executive order would hurt Californians’ ability to get Social Security cards, passports and other documents, as well as the state’s own ability to access federal funds where the programs are based on the citizenship of the state’s residents, like children’s health insurance.

“The president has overstepped his authority by a mile, and we will hold him accountable,” Bonta said.

Republicans in Congress praised Trump’s first day immigration moves as well as his actions against birthright citizenship, even as they acknowledged that it would face an uphill battle in the courts.

 

Sen. Josh Hawley, R-Mo., told reporters Tuesday that he thinks the proper route to address birthright citizenship may be through legislation defining who is “subject to the jurisdiction” of the United States.

“I think this will be litigated, and I wouldn’t be surprised if part of the answer comes back as well. Congress may need to address that,” Hawley said.

Sen. Lindsey Graham, R-S.C., criticized birthright citizenship Tuesday, saying “It makes no sense” for the country to have that policy. Graham has previously introduced legislation to end birthright citizenship.

“We’re one of the handful of countries in the world that give your citizenship based on being born in the country, and it’s been abused,” Graham told reporters Tuesday. “Whether or not it holds up in court, we’ll see.”

Thomas Wolf, director of Democracy Initiatives at the Brennan Center for Justice, called the executive order “flagrantly unconstitutional” and said it goes against more than 100 years of Supreme Court precedent.

“Trump’s executive order is unconstitutional not just because it’s relying on interpretation of the substantive provision of the Constitution that flies in the face of the clear text of that provision and Supreme Court rulings on the issue, but it’s also assuming that a president can unilaterally change or suspend the Constitution, which you can’t do,” Wolf said.

Trump has relied on a provision of the 14th Amendment that says anyone born “subject to the jurisdiction” of the United States is a citizen. Wolf said that for more than 100 years the Supreme Court has held that phrase means anyone who isn’t the child of foreign diplomats, invaders or Native Americans on reservations – not open to congressional or presidential interpretation.

“There’s no legal argument that’s going to save this executive order,” Wolf said. “Just as a common sense matter, when we say subject to the jurisdiction of the United States government, all we mean is that the U.S. government can enforce its laws against you and put you in jail if you violate them.”

Wolf pointed out that the Supreme Court explicitly said in a 1982 case, known as Plyler v. Doe, the 14th Amendment’s birthright citizenship guarantee applied to the children of undocumented immigrants.

Muzaffar Chishti, senior fellow and director of the Migration Policy Institute office at the New York University School of Law, said in a conference call with reporters Tuesday the concept of birthright citizenship has long-established legal precedent.

Although Chishti said a ruling by the U.S. Supreme Court is uncertain, since the high court has “never directly ruled on kids born to unauthorized people,” he said “the predominant view is against holding that unauthorized people are not ‘subject to the jurisdiction’ of the United States.”


©2025 CQ-Roll Call, Inc., All Rights Reserved. Visit cqrollcall.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Christine Flowers

Christine Flowers

By Christine Flowers
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
Joe Guzzardi

Joe Guzzardi

By Joe Guzzardi
John Micek

John Micek

By John Micek
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Michael Reagan

Michael Reagan

By Michael Reagan
Mona Charen

Mona Charen

By Mona Charen
Oliver North and David L. Goetsch

Oliver North and David L. Goetsch

By Oliver North and David L. Goetsch
R. Emmett Tyrrell

R. Emmett Tyrrell

By R. Emmett Tyrrell
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

Michael Ramirez Mike Luckovich John Cole Peter Kuper Walt Handelsman Monte Wolverton