Chicago – January 21, 2025
Attorneys general from 18 states filed a lawsuit on Tuesday to block President Trump’s executive order denying citizenship to U.S.-born children of undocumented immigrants. The lawsuit, filed in Federal District Court in Massachusetts, was also joined by the cities of San Francisco and Washington, D.C.
New Jersey Attorney General Matthew J. Platkin, who led the case with attorneys general from California and Massachusetts, called the order “extreme” and said, “The president cannot rewrite the Constitution with a pen.”
The executive order, signed on Monday at the start of President Trump’s second term, states that children born to undocumented immigrants or some legal visitors, such as tourists or students, will no longer be considered U.S. citizens.
It argues these children are not “subject to the jurisdiction” of the United States, as required by the 14th Amendment.
For over 100 years, courts have interpreted the 14th Amendment to guarantee citizenship to all babies born in the U.S., except for children of foreign diplomats.
President Trump’s order challenges this long-standing legal precedent. Experts predict the case will lead to a lengthy legal battle, as some members of the judiciary may be divided on the issue.
