States sue Trump over birthright citizenship order, say those impacted would suffer irreparable harm

Plaintiffs allege that executive order violates the Fourteenth Amendment

Published: January 21, 2025 4:10pm

Updated: January 21, 2025 4:19pm

Eighteen states have filed a lawsuit against President Trump following his signing of an executive order Monday limiting the definition of birthright citizenship.  

The order, which Trump signed in his first day in office, states the federal government will no longer grant documents or accept state and local documents for persons born to parents who do not hold US citizenship within 30 days of the order's signing. 

The states were joined in the lawsuit  – titled "Protecting the Meaning and Value of American Citizenship" – by the Michigan attorney general and the city and county of San Fransisco 

The plaintiffs allege that the order would cause them and and their residents to "suffer immediate and irreparable harm."  

The lawsuit lists the number of children born under the circumstances outlined in the order in each of the plaintiff's jurisdictions and the possibility of either losing federal funding or having to make administrative changes.  

The lawsuit also cites the 14 Amendment, which defines U.S. citizenship as any person born or naturalized in the United States and the history of government agencies recognizing birthright citizenship for all children born in the United States as grounds for the executive order to be overturned.  

The executive order cites the interpretation of the amendment outlined by congress under 8 U.S.C. 1401 which emphasizes being subject to the legal jurisdiction of the US as grounds for the limitation of birthright citizenship to the children of legal parents.

The states listed as plaintiffs in the lawsuit are California, Colorado, Connecticut ,Delaware, District of Columbia, Hawaii, Maine, Maryland,  Massachusetts, Nevada, New Jersey, Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin.

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