By Miriam Raftery
Image: Wong Kim Ark, whose landmark 1898 lawsuit led to a Supreme Court ruling affirming citizenship for all children born in the U.S., regardless of parents' immigration status. Born in the U.S.,Kim had been denied reentry after traveling abroad. Photo via 1904 immigration document.
January 21, 2025 (Washington D.C.) – Multiple lawsuits have been filed seeking to block an executive order yesterday issued by President Donald Trump which aims to end birthright citizenship. Trump’s order seeks to end citizenship from being issued to children born in the U.S. if the parents are not in the U.S. legally In addition, his order would prohibit citizenship from children born to a mother who is in the U.S. on a temporary and legal basis, such as student, work, or tourist visas, unless the father is a citizen or lawful permanent resident. The order would take effect in 30 days, on Feb. 19, and apply to children born on or after that date.
The order is in direct contradiction to the U.S. Constitution’s 14th amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Trump’s order contends that children of undocumented immigrants as well as children born to mothers here on a temporary basis are not “subject to the jurisdiction” of the U.S..
The 14th amendment was adopted after the Supreme Court’s ruling in the controversial Dred Scott v.Sandford case back in 1857, in which justices held that children of slaves were not entitled to citizenship. After passage of the 14th Amendment, a later Supreme Court case in 1898 ruled that Wong Kim Ark, an American citizen born in San Francisco, was wrongly denied reentry to the U.S. after a trip abroad and affirmed the Chinese-American man’s right to citizenship.
Today, in separate lawsuits, a coalition led by the American Civil Liberties Union (ACLU) and numerous states led by California Attorney General Rob Bonta, seek to protect rights of all children born in the U.S.
“Denying citizenship to U.S.-born children is not only unconstitutional—it’s also a reckless and ruthless reputation of American values,” says ACLU executive director Anthony D. Romero in a statement . The ACLU lawsuit is joined by the Asian Law Caucus, State Democracy Defenders Fund, and Legal Defense Fund. The suit seeks temporary and permanent injunctions to block the executive order from taking effect.
California Attorney General Bonta filed a lawsuit on behalf of 18 states and the City of San Francisco, seeking an immediate temporary injunction to block implementation while litigation proceeds. Bonta calls Trump’s order “blatantly unconstitutional and quite frankly, un-American. As home of Wong Kin Ark, a San Francisco native who fought—successfully—to have his U.S. citizenship recognized, California condemns the President’s attempts to erase history and ignore 125 years of Supreme Court precedent.”
He adds, “If allowed to stand, the order would strip tens of thousands of children born each year of their ability to fully and fairly be a part of American society as rightful citizens, with all the benefits and privileges,” adding that such children would then live under threat of deportation, also losing their ability to obtain a Social Security number, work lawfully, vote, serve on juries, or run for public office.
Trump’s order would also be costly to states, putting them at risk of losing federal funding for program such as Medicaid and the Children’s Health Insurance Program, which are conditioned on the citizenship and immigration status of children served. States would have to foot the bill for modifying the operation and administration of such programs on very short notice if the Feb.19 implementation deadline is not blocked. Such action would cause “irreparable harm to the states and their residents,” Bonta’s statement concludes.