A coalition of 18 state attorneys general has filed a federal lawsuit against Trump, challenging his attempt to end birthright citizenship through an executive order. The lawsuit, filed Tuesday in a Massachusetts federal court, argues that the policy violates the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all children born on American soil.
The legal challenge comes just one day after Trump signed the executive order, a controversial move that has sparked widespread backlash and could lead to the first major Supreme Court test of his second-term agenda. The lawsuit seeks to block the implementation of the policy before it takes effect, citing both constitutional protections and established legal precedent.
Birthright citizenship is a principle enshrined in the 14th Amendment, ratified in 1868 following the Civil War. The amendment states: “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 concept predates the amendment, with Congress passing a federal law in 1866 to establish citizenship rights for children born on U.S. soil. Over the past 157 years, the Supreme Court has twice upheld birthright citizenship, making it one of the foundational elements of U.S. law and society.
The lawsuit, co-led by New Jersey Attorney General Matthew Platkin, argues that Trump’s executive order is an unconstitutional overreach of presidential authority.
“Despite a President’s broad powers to set immigration policy, however, the Citizenship Stripping Order falls far outside the legal bounds of the President’s authority,” the lawsuit states.
In an interview with CNN, Platkin said, “When it comes to birthright citizenship – something that’s been part of the fabric of this nation for centuries, that’s been in the Constitution for 157 years since the Civil War, that’s been upheld by the Supreme Court twice – the president cannot, with a stroke of a pen, rewrite the Constitution and upend the rule of law.”
The states, joined by San Francisco and Washington, D.C., have also filed for a preliminary injunction to block the policy before it can be implemented.
Legal experts note that Trump’s executive order directly conflicts with both the 14th Amendment and existing federal law. “The Supreme Court has been clear on this issue,” said a constitutional scholar. “Children born on U.S. soil are citizens—there’s no legal gray area here.”
Trump’s executive order to end birthright citizenship was signed just hours after he was sworn in for his second term. The policy has been a long-standing goal for Trump, who floated the idea during his first term but faced significant legal and political pushback.
Critics argue that the order represents an assault on a core American value, while Trump’s supporters view it as a necessary step to address immigration concerns. “This is about protecting our country and ensuring that citizenship is not automatically granted to those who take advantage of our laws,” Trump said in a statement following the order’s signing.
