In a significant legal confrontation, attorneys general from 22 states have filed a lawsuit to block President Donald Trump’s recent executive order aimed at terminating birthright citizenship for certain children born in the United States. This legal action underscores the contentious nature of the executive order and its potential implications for the interpretation of the 14th Amendment.

The Executive Order in Question

On January 20, 2025, President Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship.” The order seeks to reinterpret the Citizenship Clause of the 14th Amendment, denying automatic citizenship to individuals born in the U.S. under specific conditions:

• When the mother was unlawfully present in the U.S., and the father was neither a U.S. citizen nor a lawful permanent resident at the time of birth.
• When the mother was in the U.S. on a temporary status, such as a student, work, or tourist visa, and the father was neither a U.S. citizen nor a lawful permanent resident at the time of birth.

The order is set to take effect 30 days from the date of issuance, impacting births from February 19, 2025, onward.

Legal Grounds for the Lawsuit

The coalition of 22 states, led by New Jersey Attorney General Matt Platkin, argues that the executive order violates the 14th Amendment of the U.S. Constitution. Ratified in 1868, 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 plaintiffs contend that this clause has long been interpreted to grant citizenship to anyone born on U.S. soil, regardless of parental immigration status.

Attorney General Platkin emphasized, “The president cannot, with a stroke of a pen, write the 14th Amendment out of existence, period.”

Historical Context and Precedent

The principle of birthright citizenship has been a cornerstone of American civil rights since the post-Civil War era. The 1898 Supreme Court case, United States v. Wong Kim Ark, affirmed that children born in the U.S. to foreign parents are U.S. citizens under the 14th Amendment. Legal scholars widely regard this decision as a definitive interpretation of the Citizenship Clause.

Broader Implications and Responses

In addition to the lawsuit filed by the 22 states, several civil rights organizations, including the American Civil Liberties Union (ACLU), have initiated legal challenges against the executive order. These groups argue that the order not only contravenes constitutional protections but also threatens to create a stateless underclass within the country.

The White House has responded to the legal challenges by stating its readiness to defend the executive order in court, dismissing the lawsuits as “nothing more than an extension of the Left’s resistance.”

Potential Outcomes and Next Steps

The legal battle over the executive order is poised to progress through the federal court system, potentially reaching the Supreme Court for a final determination. Given the high stakes involved, the outcome of this litigation could have profound effects on the interpretation of the 14th Amendment and the future of birthright citizenship in the United States.

Conclusion

The lawsuit filed by 22 states against President Trump’s executive order represents a pivotal moment in the ongoing debate over immigration and citizenship in America. As the judicial process unfolds, the nation will closely watch how the courts address this challenge to a long-standing constitutional principle.