AG James and Multistate Coalition Sue to Stop Implementation of Trump Administration’s Birthright Citizenship Executive Order

NEW YORK – New York Attorney General Letitia James today announced that she and a coalition of 18 states, as well as the City of San Francisco, are challenging President Donald Trump’s Executive Order ending birthright citizenship, in violation of the constitutional right given to all children born in the United States. Attorney General James and the coalition filed a lawsuit in the U.S. District Court for the District of Massachusetts seeking to stop the President’s unlawful action, which violates the 14th Amendment of the U.S. Constitution and will harm American children.

“The great promise of our nation is that everyone born here is a citizen of the United States, able to achieve the American dream,” said Attorney General James. “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. Our constitution is not open to reinterpretation by executive order or presidential decree. President Trump’s attempt to undermine the fundamental right to birthright citizenship is not just unconstitutional, it is profoundly dangerous. Today, we are suing to uphold the integrity of the U.S. Constitution and ensure the promise of birthright citizenship remains intact for all who are born here.” 

Attorney General James and the coalition are seeking to invalidate the Executive Order and stop any actions taken to implement it. The states request immediate relief to prevent the Executive Order from taking effect through a Preliminary Injunction filed with the court. 

Birthright citizenship dates back centuries to pre-Civil War America. Although the Supreme Court’s notorious decision in Dred Scott denied birthright citizenship to the descendants of slaves, the post-Civil War United States adopted the 14th Amendment to protect citizenship for children born in the country. Attorney General James’ filing notes that the U.S. Supreme Court has twice upheld birthright citizenship, reinforcing it as the law of the land regardless of the immigration status of the baby’s parents.

If allowed to stand, the Executive Order would mean, for the first time since the 14th amendment was adopted in 1868, babies born in New York and around the country, who would have been citizens, will no longer be entitled to citizenship under federal law. Starting February 19, babies born to parents who are lawfully here on certain visas or are undocumented will be denied their most basic rights and forced to grow up under the threat of deportation. These children will be ineligible for a wide range of federal benefits programs. They will be unable to obtain a Social Security number and, as they age, to work lawfully. Their access to health care and critical food benefits will be placed in jeopardy. They will lack the right to vote, serve on juries, and run for certain offices. Despite the Constitution’s guarantee of citizenship, these children will, for the first time since the 14th amendment was adopted, lose their ability to fully and fairly be a part of American society as a citizen with all its benefits and privileges.

Joining Attorney General James in filing today’s lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Wisconsin, and the District of Columbia, as well as the City of San Francisco.

This matter is being handled for New York by Special Counsel for Immigrant Justice Zoe Levine, Special Counsel for Federal Initiatives Rabia Muqaddam, and Special Counsel Molly Thomas-Jensen, with assistance from Assistant Attorneys General Kathryn Meyer and Ivan Navedo, under the supervision of First Deputy Attorney General Jennifer Levy.

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