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18 states sue Trump administration over birthright citizenship order

January 21, 2025
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18 states sue Trump administration over birthright citizenship order
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A coalition of Democratic state attorneys general filed a federal lawsuit on Tuesday to stop President Trump’s executive order that seeks to eliminate birthright citizenship.

Mr. Trump invoked presidential powers to begin his long-promised immigration crackdown shortly after taking office on Monday. His executive actions included an order directing the federal government to stop issuing passports, citizenship certificates and other documents to many children born in the U.S. whose mothers are in the country illegally, or for whom neither parent is a legal permanent resident.

The lawsuit by the 18 states, filed in federal court in Massachusetts, claims Mr. Trump’s initiative violates the 14th Amendment of the U.S. Constitution, which the federal government has long interpreted to mean that those born on American soil are citizens at birth. The cities of San Francisco and Washington, D.C., also joined the suit.

“The great promise of our nation is that everyone born here is a citizen of the United States, able to achieve the American dream,” New York Attorney General Letitia James said in a statement to CBS News. “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.”

The suit is seeking a preliminary injunction to halt enforcement of the executive order, and ultimately, to invalidate it. The states that joined the suit are: California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin.

The 14th Amendment’s first sentence says: “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.”

Mr. Trump directed that his order should be enforced in 30 days. It was challenged soon after it was issued, when the American Civil Liberties Union and other advocacy groups filed a separate lawsuit seeking to thwart it.

Graham Kates

Graham Kates is an investigative reporter covering criminal justice, privacy issues and information security for CBS News Digital. Contact Graham at KatesG@cbsnews.com or grahamkates@protonmail.com

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