Eighteen Democratic states, San Francisco, and Washington, D.C., are suing President Donald Trump and his administration over the newly signed executive order that seeks to end birthright citizenship for the children of illegal immigrants.
The coalition of attorneys general allege the order violates the 14th Amendment, which guarantees that anyone born in the U.S. is considered a legal citizen regardless of their parents’ immigration status.
“The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor is he empowered by any other source of law to limit who receives United States citizenship at birth,” says the federal lawsuit filed Tuesday.
Trump’s executive order directed federal departments and agencies to stop issuing citizenship documents to U.S.-born children whose mothers are staying in the country illegally or otherwise staying temporarily, if the father is not a U.S. citizen or a lawful and permanent resident. The order takes effect next month.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” the 14th Amendment of the Constitution states.
The order says the 14th Amendment “has never been interpreted” to automatically grant citizenship to everyone born in the U.S. The new administration takes issue with the phrase, “subject to the jurisdiction thereof,” arguing the amendment does not apply to children whose parents are residing in the U.S. unlawfully or temporarily.
The lawsuit claims thousands of children born in the U.S. each year to two parents who are not legal and permanent citizens will lose access to healthcare, foster care, and early interventions for infants, toddlers, and disabled students.
“They will all be deportable, and many will be stateless. They will lose the ability to access myriad federal services that are available to their fellow Americans,” the suit reads. “And despite the Constitution’s guarantee of their citizenship, 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.”
The lawsuit was brought by: Massachusetts, California, Colorado, Connecticut, Delaware, Washington, D.C., Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, Wisconsin, and San Francisco.
Their lawsuit requests a preliminary injunction to prevent the order from taking effect on February 19, 30 days after the order was signed.
“The great promise of our nation is that everyone born here is a citizen of the United States, able to achieve the American dream,” New York attorney general Letitia James said. “This fundamental right to birthright citizenship, rooted in the 14th Amendment and born from the ashes of slavery, is a cornerstone of our nation’s commitment to justice.”
The order has already sparked at least two other lawsuits from progressive organizations, including the American Civil Liberties Union and Lawyers for Civil Rights.