22 States Challenge Trump's Birthright Citizenship Order, Citing Constitutional Violations
February 7, 2025
A coalition of state attorneys general, including those from Massachusetts, Connecticut, and New Jersey, is challenging President Trump's executive order that seeks to deny birthright citizenship, arguing that it violates the Constitution.
The lawsuits assert that birthright citizenship is guaranteed by the 14th Amendment and reference historical precedents, such as the 1898 Supreme Court case United States v. Wong Kim Ark, which established that only children of diplomats are excluded from automatic citizenship.
Massachusetts Attorney General Andrea Campbell, along with her counterparts, held a press conference to discuss the implications of the lawsuit, emphasizing that over 150,000 children born annually could be affected.
In total, 22 states and various organizations have filed lawsuits against the executive order, arguing it could create a class of stateless residents and negatively impact essential services.
Two federal judges have already issued rulings blocking Trump's order, with one in Maryland granting a nationwide pause and another in Seattle criticizing the administration's approach to constitutional rights.
Judge Coughenour, who issued a temporary restraining order against the executive order, described it as an attempt to amend the Constitution for political gain, emphasizing the importance of upholding the rule of law.
Washington Attorney General Nick Brown highlighted the significance of these rulings in protecting state laws and reaffirming existing citizenship rights.
The plaintiffs argue that the executive order would deprive children of basic rights, expose them to deportation threats, and lead to financial losses for states, impacting essential services like healthcare and foster care.
Birthright citizenship, known as jus soli, is a principle upheld in about 30 countries, primarily in the Americas, including Canada and Mexico, and is a core aspect of U.S. citizenship.
The Justice Department contends that the 14th Amendment does not grant citizenship to children of those unlawfully present or on temporary visas, a claim that has been criticized by legal experts.
U.S. District Judge Leo Sorokin is currently reviewing the request from the attorneys general to block the executive order, making him the third federal judge to hear arguments on this matter within the same week.
Summary based on 12 sources
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Sources

AP News • Feb 6, 2025
2nd federal judge in 2 days blocks Trump's birthright citizenship order
AP News • Feb 7, 2025
Judge in Boston to consider latest bid to block Trump's birthright citizenship order
ABC News • Feb 7, 2025
Judge in Boston to consider latest bid to block Trump's birthright citizenship order
The Boston Globe • Feb 7, 2025
Trump birthright citizenship executive order: Campbell, AGs sue