18 States Challenge Trump’s Executive Order Ending Birthright Citizenship: What’s Next?

A coalition of 18 states, the District of Columbia, and the city of San Francisco filed a lawsuit on Tuesday against President Donald Trump’s executive order to end the constitutional guarantee of birthright citizenship. New Jersey Attorney General Matt Platkin, a Democrat, is spearheading the legal challenge, calling the executive order “an unconstitutional overreach that undermines the fundamental principles of our nation.”

The executive order, announced by Trump last month, seeks to challenge the long-standing interpretation of the 14th Amendment, which grants citizenship to all individuals born on U.S. soil. Opponents argue that the move contradicts over a century of legal precedent and poses a significant threat to the rights of millions of U.S.-born individuals.

Legal Precedent

The 1898 U.S. Supreme Court case United States v. Wong Kim Ark remains a cornerstone of birthright citizenship jurisprudence. In that case, the court ruled that Wong Kim Ark, a man born in San Francisco to Chinese immigrant parents, was a U.S. citizen under the 14th Amendment. After a trip abroad, Wong was denied reentry by the federal government under the Chinese Exclusion Act. However, the Supreme Court upheld his citizenship, establishing that all individuals born in the U.S., regardless of their parents’ immigration status, are citizens.

While the ruling is clear for children born to parents who are legal immigrants, some immigration restriction advocates argue that its applicability to children of undocumented immigrants is less certain. Trump’s order seeks to exploit this ambiguity to redefine citizenship laws.

Bipartisan Pushback

The coalition of states filing the lawsuit includes both Democratic and Republican attorneys general, signaling bipartisan opposition to Trump’s executive order. The lawsuit argues that the order violates the Constitution and disrupts the lives of millions of Americans who depend on their birthright citizenship status.

“Birthright citizenship is a core principle of our democracy, rooted in the 14th Amendment,” Platkin said during a press conference in Newark. “This unconstitutional order threatens to erode the very fabric of what it means to be an American.”

San Francisco Mayor London Breed also voiced her city’s opposition to the order, emphasizing the potential consequences for families and communities nationwide. “This policy is an attack on the diverse and vibrant communities that make our country strong,” she said.

Political Implications

The executive order comes as immigration and citizenship continue to be polarizing issues in the United States. Critics of the order argue that it is part of a broader strategy to appeal to hardline immigration voters ahead of the upcoming presidential election.

Meanwhile, legal scholars predict a protracted legal battle, with the issue likely to reach the U.S. Supreme Court. “The 14th Amendment’s guarantee of birthright citizenship has been repeatedly affirmed by the courts,” said constitutional law expert David Goldman. “Overturning this principle would require a constitutional amendment, not an executive order.”

Moving Forward

The coalition’s lawsuit seeks an immediate injunction to block the executive order, citing irreparable harm to individuals and institutions if the policy is implemented. Advocacy groups have also mobilized, organizing protests and educational campaigns to defend birthright citizenship.

As the legal battle unfolds, the nation will be watching closely, knowing the outcome could have far-reaching implications for the definition of American citizenship.