Nearly 2 Dozen States Sue Trump Administration Over Birthright Citizenship Order: ‘Unprecedented’

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Nearly two dozen states are suing the Trump administration over President Donald Trump’s executive order to deny birthright citizenship to children of illegal immigrants — calling it unconstitutional and “unprecedented.”

“The President has no power to amend the Constitution or to rewrite or repeal any law enacted by it, nor to limit the naturalization of United States citizenship by any source of law,” the 18 Democratic-led states said in a lawsuit.

“If this unprecedented executive action is allowed to stand, both the plaintiffs and their residents will suffer immediate and irreparable harm,” he argues.

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President Donald Trump holds an executive order after signing it during an indoor presidential inauguration ceremony, Monday, Jan. 20, 2025, in Washington. (AP Photo/Matt Rourke)

Trump signed the orderr, “Preserving the Meaning and Value of American Citizenship,” which ends birthright citizenship for illegal immigrants. The order seeks to clarify the 14th Amendment: “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 in which they reside.”

Clarifies that those born to illegal immigrant parents or born here legally but on a temporary immigrant visa are not birthright citizens.

Trump’s order argues that: “Among the categories of individuals born in the United States and not subject to its jurisdiction, United States citizenship shall not be automatically conferred on persons born in the United States: (1) when that person’s mother was; who is in the United States illegally and whose father was not a United States citizen or lawful permanent resident, or (2) whose mother’s birth was lawful but temporary while in the United States (for example, visiting the United States under the Visa Waiver Program or as a student, worker or visiting on a tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of the person’s birth.

The states argued that thousands of children were born temporarily or illegally to their parents.

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“According to the order, such children born after February 19, 2025 – even if they were born two days earlier are considered citizens – will not have any legal status in the eyes of the federal government,” the states argue. “They will all be deported, and many will become stateless. They will lose access to the vast majority of federal services that are available to their fellow Americans. And, despite their constitutional guarantees of citizenship, they will lose their right to participate in the economy and civic life of their own country – to work, vote, serve on juries and hold office.” compete.

US President Donald Trump signs his executive order.

President Donald Trump delivers his second executive order on January 20, 2025 at the inaugural rally at Capital One Arena. (Reuters/Carlos Baria)

The attorneys general of New Jersey, Massachusetts, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin signed the lawsuit. The City and County of San Francisco and Washington, DC have also signed on.

Shortly after the suit was filed by the American Civil Liberties Union (ACLU), “on behalf of organizations whose members would be denied citizenship under the order,” the order was declared unconstitutional and contrary to the intent of Congress. Supreme Court precedent.

Four other states, Illinois, Arizona, Washington, and Oregon, later filed separate lawsuits.

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The Trump administration pushed back, saying it was ready to settle the lawsuit in court.

“Radical leftists can choose to swim against the tide and reject the overwhelming will of the public, or they can get on board and work with President Trump to advance their popular agenda,” said White House Deputy Press Secretary Harrison Fields. Fox News Digital.

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“These lawsuits are nothing more than an extension of the left’s resistance — and the Trump administration is ready to face them in court,” he said.

Bill Mears of Fox News contributed to this report.

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