President Donald Trump’s bid to revoke birthrights is “a flagrant illegal attempt to strip hundreds of thousands of American-born children of their citizenship based on their parents,” attorneys for 18 states, the city of San Francisco and the District of Columbia said Tuesday. in the case against the president executive order He signed it a few hours after being sworn in on Monday.
The lawsuit, filed by 18 Democratic lawyers, accuses Trump of seeking to eliminate a “well-established and long-standing constitutional principle” through executive authority.
“The President does not have the power to rewrite or repeal a constitutional amendment or a duly passed statute. No other source of law provides the power to limit who receives United States citizenship at birth,” the lawsuit said.
Trump’s order directed federal agencies — starting next month — to stop issuing citizenship documents to children born in the United States to undocumented mothers or mothers on temporary visas if the father is not a US citizen or permanent resident.
According to the lawsuit, 150,000 children born each year to two non-citizen parents without legal status may lose access to basic health care, foster care and early intervention for infants, toddlers and students with disabilities.
“They will all be deportable, and many will be stateless,” says the lawsuit.
States warned that the executive order would also cause them to lose federal funding for programs that provide services to children regardless of their immigration status.
Even if Trump’s order is to unilaterally end birthright citizenship, only the US Supreme Court can determine how the 14th Amendment applies.
President Donald Trump gives the two thumbs up next to Vice President JD Vance and First Lady Melania Trump during the inaugural parade inside Capital One Arena in Washington, DC on January 20, 2025.
Jim Watson/AFP via Getty Images
“President Trump’s attempt to unilaterally end birthright citizenship is a flagrant violation of our Constitution,” New Jersey Attorney General Matthew Platkin said at a news conference Tuesday. “For more than 150 years, our country has followed the same basic rule: Children born in this country are American citizens.
“He has the right to make a policy that he sees fit for the country,” but “this is an extreme and unprecedented action,” said Platkin. “”This is not just an attack on the law. It’s an attack on the fabric of this nation.”
“The presidents of this country have vast power. But they are not kings,” Platklin said.
The states want to nullify the executive order and stop the actions taken to implement it. Their lawsuit seeks a preliminary injunction to prevent the order from taking effect immediately.
“Our nation’s great promise is that everyone born here is a citizen of the United States, capable of achieving the American dream,” said New York Attorney General Letitia James. “This fundamental right to birthright citizenship, rooted in the 14th Amendment and born from the ashes of slavery, is the foundation of our nation’s commitment to justice.”
“We stand ready to meet the challenges of a second Trump administration to ensure that our progress in California continues, and that our progress prevails,” said California Attorney General Rob Bonta.
On Tuesday, nonprofit groups in Massachusetts and New Hampshire also filed federal lawsuits challenging Trump’s birthright citizenship order.
ABC News’ Alex Stone contributed to this report.
