Several Democratic-led states and civil rights organizations filed lawsuits on Tuesday to challenge U.S. President Donald Trump‘s executive order aimed at rolling back birthright citizenship. This marks an early legal confrontation over his administration’s immigration policies.
Trump, who was inaugurated on Monday, directed U.S. agencies to deny citizenship to children born in the U.S. if neither of their parents is a U.S. citizen or legal permanent resident.
In response, 22 Democratic-led states, the District of Columbia, and San Francisco filed lawsuits in federal courts in Boston and Seattle. The legal action argues that Trump’s move violates the U.S. Constitution.
Additionally, two lawsuits were filed by the American Civil Liberties Union (ACLU), immigrant rights groups, and a pregnant woman just hours after Trump signed the executive order, signaling the first major court challenge of his presidency.
The lawsuits target a central part of Trump’s sweeping immigration crackdown. If upheld, the order would deny U.S. citizenship to over 150,000 children born in the country annually. Massachusetts Attorney General Andrea Joy Campbell stated that President Trump does not have the authority to strip away constitutional rights.
Without citizenship, these children could be barred from essential federal programs, such as Medicaid, and later face difficulties working legally or voting. States are emphasizing that this legal action is essential to protect residents’ rights.
New Jersey Attorney General Matthew Platkin stressed that the lawsuit sends a clear message to the Trump administration about standing up for residents’ basic rights.
The White House has not responded to requests for comment.
Further lawsuits challenging other aspects of Trump’s agenda are expected. Legal actions are already underway regarding the Department of Government Efficiency led by Elon Musk and an order signed by Trump that weakens civil service protections.
Three of the lawsuits were filed in Massachusetts and New Hampshire. Rulings from judges in these states would be reviewed by the Boston-based 1st U.S. Circuit Court of Appeals, where all active judges are Democratic appointees.
Four other states have filed a separate case in Washington, where the San Francisco-based 9th U.S. Circuit Court of Appeals holds jurisdiction. A Seattle judge, John Coughenour, has scheduled a hearing on Thursday to decide whether to issue a temporary restraining order to block Trump’s order.
A fifth lawsuit, filed in Maryland, includes immigrant rights groups and pregnant women, including CASA, an advocacy group. These lawsuits argue that Trump’s executive order violates the 14th Amendment’s Citizenship Clause, which grants U.S. citizenship to anyone born on U.S. soil.
The plaintiffs reference the 1898 Supreme Court ruling in United States v. Wong Kim Ark, which affirmed that children born in the U.S. to non-citizen parents are entitled to citizenship.
One plaintiff, identified as “O. Doe” from Massachusetts, is a woman with temporary protected status who is expecting to give birth in March. Temporary protected status is available to individuals from countries facing disasters, conflicts, or other extraordinary events. Over 1 million people from 17 nations are currently covered by this status.
Other lawsuits continue to challenge various aspects of Trump’s early executive actions. One notable case was filed by the National Treasury Employees Union, representing federal workers. This lawsuit challenges Trump’s order that makes it easier to fire federal employees and replace them with political loyalists.
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