A coalition of 18 states filed a lawsuit Tuesday against the new Trump administration to challenge the president’s executive order ending birthright citizenship for the children of illegal immigrants.
The order was one of 42 executive orders signed Monday after Trump was sworn into office as the 47th U.S. president.
“The President’s executive order attempting to rescind birthright citizenship is blatantly unconstitutional and quite frankly, un-American,” said California Attorney General Rob Bonta.
The lawsuit argues that Trump’s order violates the Fourteenth Amendment to the U.S. Constitution, which guarantees birthright citizenship.
“The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute,” the lawsuit said. “Nor is he empowered by any other source of law to limit who receives United States citizenship at birth.”
Conservative groups like the Heritage Foundation argue the Fourteenth Amendment has been twisted and was meant to apply to recently freed slaves and American citizens, not illegal immigrants who they say are taking advantage of the system.
Supporters of Trump’s action argue that specifically, the Fourteenth Amendment says that only those “subject to the jurisdiction” of the U.S. can benefit from birthright citizenship, and since illegal immigrants are citizens of other countries they don’t have the same protections as American citizens.
Critics in Democrat-led states around the country say Trump has overstepped his authority.
“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,” he added. “The President has overstepped his authority by a mile with this order, and we will hold him accountable.”
Trump’s executive order on birthright citizenship was one of several orders related to immigration and the southern border. Trump is also sending troops to the border, restarting the Remain in Mexico policy, and reinstating Title 42, a COVID-era policy that significantly cut down on illegal immigration.
Trump also immediately shut down the CBP One app, a mobile app that helped speed up migrants’ entry into the U.S.
The states behind the lawsuit are California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina Rhode Island, Vermont, and Wisconsin, as well as the City of San Francisco.
