Maryland Attorney General Anthony G. Brown, along with 18 other states, has filed a lawsuit challenging an executive order issued by the President that seeks to end birthright citizenship in the United States. The suit, which was filed in the U.S. District Court for the District of Massachusetts, argues that the executive order directly violates the Fourteenth Amendment and the Immigration and Nationality Act, which guarantee citizenship to all children born on U.S. soil.
“Birthright citizenship is a right enshrined in our Constitution,” Attorney General Brown stated. “It reflects the fundamental values of our nation, ensuring that every child born here is a part of America’s future. This executive order is unconstitutional, un-American, and will harm hundreds of thousands of children. My office, alongside other states, will fight this unconstitutional action in court.”
“The White House executive order attempting to end birthright citizenship is flatly unconstitutional. The idea that a president could override the Constitution with the stoke of a pen is a flagrant assault on the rule of law and our constitutional republic,” said Colorado Attorney General Phil Weiser. “The executive order cannot be allowed to stand, and I will fight to ensure that all who are born in the United States keep their right to fully and fairly be a part of American society as a citizen with all its benefits and privileges.”
The executive order, issued just days ago, asserts that individuals born in the U.S. under certain circumstances — including those whose parents were unlawfully present or in the country temporarily — would not be granted citizenship. According to the order, children born to these parents would not automatically become U.S. citizens, a significant departure from established precedent. The order’s intent is to address the birthright citizenship of individuals born to parents who are not permanent residents or U.S. citizens, arguing that these individuals should not be granted citizenship.
The states involved in the lawsuit — including New Jersey, California, New York, and others — argue that this drastic change would strip American-born children of their constitutional rights, leaving them vulnerable to deportation and denying them access to critical federal programs and benefits. These children would also lose their ability to participate fully in American society, including their right to vote, obtain Social Security numbers, and pursue lawful employment.
The lawsuit also highlights significant harms to the states themselves, which would lose federal funding for key programs, including Medicaid, the Children’s Health Insurance Program, and foster care services. The states assert that they should not bear the financial burden of implementing this executive order, especially when it contradicts the constitutional guarantees and the law as established by the U.S. Supreme Court.
“By challenging this executive order, we are standing up for the values of inclusion and equality that have defined America,” said Brown. “We will continue to protect the rights of children born here, regardless of their parents’ immigration status.”
“Today’s executive order is a clear violation of American law,” Michigan Attorney General Dana Nessel today announced added. “The U.S. Constitution lays out the steps to alter an amendment unequivocally and clearly, and those steps do not include an executive order on the first or any day of a presidential term.”
“The President’s executive order attempting to rescind birthright citizenship is blatantly unconstitutional and quite frankly, un-American,” said California Attorney General Rob Bonta. “As home of Wong Kim 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. We are asking a court to immediately block this order from taking effect and ensure that the rights of American-born children impacted by this order remain in effect while litigation proceeds. The President has overstepped his authority by a mile with this order, and we will hold him accountable.”
While other state AGs like North & South Dakota, Mississippi, Utah and others are yet to respond, the legal battle is just beginning, with the coalition of states urging the court to take immediate action to halt the enforcement of the executive order. The case could have lasting implications for the future of birthright citizenship in the U.S. and for the broader interpretation of constitutional rights for all Americans.
Joining Maryland in this lawsuit are states such as Michigan, Colorado, California, and several others. Additionally, the city of San Francisco has filed its own legal challenge against the executive order, reinforcing the widespread concern over its potential impact.
“With the exception of indigenous peoples and the descendants of enslaved peoples, the Unites States is a nation of descendants of immigrants, many of whom risked their lives for the promise of a better life. The Fourteenth Amendment guarantees that no matter your family’s country of origin, if you are born here, this is your home, this is your country. With this executive order, the President seeks to deny citizenship to Americans who would lawfully reside here, pay taxes here, raise their families here, and contribute to the extraordinary fabric of this country. If allowed, this executive order will have far-reaching economic, social, and human rights ramifications, the full extent of which we can’t know. Now is the time to come together as Americans and protect our fellow citizens, regardless of our differences, and because of our differences. In the meantime, we will work tirelessly to defend birthright citizenship, as enshrined by the Constitution,” said Attorney General Neronha.
“This executive order is a straightforward violation of the Fourteenth Amendment, which guarantees citizenship to all people born on U.S. soil. For over a century, this principle has been upheld by the Supreme Court and remains a bedrock of our constitutional framework. The Constitution leaves no room for executive reinterpretation on this matter—it is clear, settled, and binding. This order seeks to undermine that clarity, creating legal uncertainty and denying fundamental rights to children born in this country,” said Attorney General Jeff Jackson
In a press release, written by the White House it reads, ‘Sec. 2. (a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.’
Immigrants’ rights advocates, led by the American Civil Liberties Union (ACLU), have also filed a lawsuit against the Trump administration over its controversial executive order aimed at stripping certain U.S.-born children of their citizenship. The lawsuit, filed on behalf of organizations such as Make the Road New York and the League of United Latin American Citizens (LULAC), argues that the executive order undermines the Constitution and decades of legal precedent that have guaranteed birthright citizenship.
“This executive order is not just unconstitutional — it’s an attack on American values. Birthright citizenship is a foundational principle of our country, and denying it to children born here is a gross injustice,” said ACLU Executive Director Anthony D. Romero. “This is a dangerous overreach by the Trump administration, and we will fight it with everything we have.”
The lawsuit specifically targets the executive order that would deny U.S. citizenship to babies born in the United States to parents who are in the country unlawfully or on temporary visas. Advocates argue that this order violates the 14th Amendment, which explicitly guarantees citizenship to anyone born on U.S. soil, except for the children of foreign diplomats. This principle was confirmed by the U.S. Supreme Court in 1898 in the landmark United States v. Wong Kim Ark decision, which upheld birthright citizenship for children of immigrant parents.
“Denying citizenship to babies born on U.S. soil is illegal, profoundly cruel, and against the very values that define us as a nation,” said Cody Wofsy, Deputy Director of the ACLU’s Immigrants’ Rights Project and the lead attorney on the case. “This order does not just violate the Constitution, it undermines the rights of American-born children and places their futures in jeopardy.”
The lawsuit highlights the immediate impact the executive order would have on families across the country. One couple from the New Hampshire Indonesian Community Support, who are currently awaiting asylum, is in their third trimester of pregnancy. Under the order, their child would be denied citizenship, leaving the newborn vulnerable to lack of healthcare and denied basic rights that come with U.S. citizenship.
In addition to healthcare and basic services, children affected by the order would face an uncertain future. Without citizenship, they would be denied the ability to obtain essential identification documents, participate in federal programs, and pursue jobs or education opportunities that are available to U.S. citizens. As they grow older, they would also be denied the right to vote, serve on juries, or run for office — rights that are central to full participation in American society.
“Denying citizenship to children born in this country creates a permanent underclass — people who are born here, who have never lived anywhere else, yet will be denied the full rights and opportunities of citizenship,” said Theo Oshiro, co-executive director of Make the Road New York. “We are standing up to protect our members and the future of their children.”
The lawsuit also argues that the order would stigmatize entire communities, particularly those of immigrant descent, by questioning their citizenship based on their race or national origin. Advocates warn that this could lead to a broader environment of exclusion and discrimination, damaging the sense of belonging for families who have contributed to the fabric of American society.
“The Trump administration’s executive order is a direct attack on our Constitution, our values, and our history,” said SangYeob Kim, senior staff attorney at the ACLU of New Hampshire. “We cannot allow the government to pick and choose who gets to be a citizen in this country. Every child born here deserves the same rights as every other child.”
As this legal challenge moves forward, advocates are rallying support to protect the rights of U.S.-born children and ensure that birthright citizenship remains a pillar of American democracy. The outcome of this case could have lasting implications for the future of immigration policy and the rights of millions of Americans, both born and yet to be born. The fight over birthright citizenship is expected to remain a key issue in the national conversation about immigration policy, constitutional rights, and the future of American democracy.
