A coalition of Democratic state attorneys general filed a federal lawsuit on Tuesday to stop President Trump’s executive order that seeks to eliminate birthright citizenship.
Mr. Trump invoked presidential powers to begin his long-promised immigration crackdown shortly after taking office on Monday. His executive actions included an order directing the federal government to stop issuing passports, citizenship certificates and other documents to many children born in the U.S. whose mothers are in the country illegally, or for whom neither parent is a legal permanent resident.
The lawsuit by the 18 states, filed in federal court in Massachusetts, claims Mr. Trump’s initiative violates the 14th Amendment of the U.S. Constitution, which the federal government has long interpreted to mean that those born on American soil are citizens at birth. The cities of San Francisco and Washington, D.C., also joined the suit. The 14th Amendment says: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
“The great promise of our nation is that everyone born here is a citizen of the United States, able to achieve the American dream,” New York Attorney General Letitia James said in a statement to CBS News. “This fundamental right to birthright citizenship, rooted in the 14th Amendment and born from the ashes of slavery, is a cornerstone of our nation’s commitment to justice.”
The suit is seeking a preliminary injunction to halt enforcement of the executive order, and ultimately, to invalidate it. The states that joined the suit are: California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin.
“The President’s executive order attempting to rescind birthright citizenship is blatantly unconstitutional and quite frankly, un-American,” California Attorney General Rob Bonta said in a statement. “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.”
Mr. Trump directed that his order should be enforced in 30 days. It was challenged soon after it was issued, when the American Civil Liberties Union and other advocacy groups filed separate lawsuits seeking to thwart it.
Later Tuesday, a group of four more states — Illinois, Arizona, Washington and Oregon — filed a lawsuit of their own in Washington state targeting the executive order, bringing to at least four the number of suits challenging it.
“We need to discuss bipartisan commonsense immigration reforms, but denying birthright citizenship, which dates back centuries and has been upheld twice by the U.S. Supreme Court, is not the solution,” Illinois Attorney General Kwame Raoul said in a statement.
A federal judge in Seattle, John Coughenour, set a hearing for Thursday on a request from the four states for a temporary restraining order blocking Mr. Trump’s edict.