A significant legal challenge has emerged in response to President Donald Trump’s executive order aimed at ending birthright citizenship for children born to non-citizen parents in the United States. On January 21, 2025, attorneys general from 22 U.S. states filed lawsuits in a Massachusetts federal court, contesting the constitutionality of the order. The lawsuits argue that the president's executive action violates the 14th Amendment of the U.S. Constitution, which grants citizenship to any child born on U.S. soil.
The legal challenge is led by California Attorney General Rob Bonta, who, along with attorneys general from 20 other states, signed the petition. Bonta condemned the executive order as "unconstitutional, shameful, and a clear abuse of presidential power." The plaintiffs contend that the president’s directive misuses executive authority and is in direct conflict with long-standing U.S. legal principles.
Trump’s executive order, announced earlier this month, seeks to deny birthright citizenship to children born in the U.S. to both undocumented immigrants and those residing legally on temporary visas. The order would mark a significant departure from the current interpretation of the 14th Amendment, which has consistently granted citizenship to all children born in the U.S., irrespective of their parents' immigration status.
The lawsuit, supported by states with large immigrant populations, underscores the growing opposition to the president’s immigration policies. Massachusetts Attorney General Andrew Becker remarked that the executive order represents an overreach of power, exceeding the limits of the president’s constitutional authority. The plaintiffs are requesting that the court intervene promptly to prevent the order from going into effect, as it is scheduled to be implemented on February 20, 2025.
Legal experts suggest that this case could have far-reaching implications for U.S. immigration policy and constitutional law. If the court rules in favor of the plaintiffs, it could uphold the rights of U.S.-born children and reinforce the application of the 14th Amendment. Conversely, if the ruling favors the Trump administration, it could fundamentally alter birthright citizenship and reshape U.S. immigration law.
The outcome of this legal battle is expected to unfold in the coming months, potentially establishing a critical precedent in the ongoing debate over immigration policy and citizenship in the United States.