A coalition of 18 Democratic states in the US has filed a federal lawsuit challenging President Donald Trump’s executive order seeking to overturn birthright citizenship.
The states’ attorneys general filed the lawsuits on Tuesday.
The 14th Amendment, ratified in 1868 after the Civil War, stipulates that all persons “born or naturalized in the United States, and subject to the jurisdiction thereof,” are automatically citizens.
The language was crafted and added to the Constitution to establish full citizenship rights for Black Americans, who at the time suffered exclusion.
But for over a century, it has been interpreted as also granting rights to all children born on US soil, regardless of their parents’ immigration status.
After his inauguration on Monday, Trump invoked his presidential orders to begin his long-touted immigration crackdown.
A statement issued by the White House said the century-old interpretation was misplaced, “clarifying” that the privilege does not extend to children whose parents are not US citizens.
The lawsuit filed by the 18 states said Trump’s initiative violates the law.
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.
Letitia James, New York attorney-general, said the law is a cornerstone of America’s commitment to justice and is not open to reinterpretation by executive order or presidential decree.
“President Trump’s attempt to undermine the fundamental right to birthright citizenship is not just unconstitutional; it is profoundly dangerous,” James said.
“Today, we are suing to uphold the integrity of the U.S. Constitution and ensure the promise of birthright citizenship remains intact for all who are born here.”
Trump’s aides hinted that the executive order would take effect 30 days after he signed it.
The Democratic officials also filed a request asking the court to put the case on a fast track and rule on whether to block enforcement before it takes effect.
In a separate legal action, the American Civil Liberties Union also filed a lawsuit aimed at blocking Trump’s order.
