22 Democratic-led states sue over Donald Trump move to end birthright citizenship

Following his inauguration, Trump ordered US agencies to stop recognising the citizenship of children born in the US to parents who are not US citizens or legal permanent residents. This move targets a key part of Trump’s broader immigration agenda, which, if upheld, would deny more than 150,000 children born annually in the US their constitutional right to citizenship, according to Massachusetts Attorney General Andrea Joy Campbell.

President Donald Trump signs an executive order withdrawing the U.S. from the World Health Organization in the Oval Office of the White House. (AP)

The lawsuits claim that Trump’s executive order violates the Citizenship Clause of the 14th Amendment, citing the 1898 US Supreme Court ruling in United States v. Wong Kim Ark, which affirmed that children born in the US to non-citizen parents are entitled to citizenship.

The legal challenges were filed by 22 Democratic-led states, the District of Columbia, and San Francisco, with additional suits from the American Civil Liberties Union, immigrant rights groups, and an expectant mother. The plaintiffs assert that losing citizenship would deprive these children of federal benefits, such as Medicaid, and future rights to work legally or vote.

In Massachusetts, a woman identified as “O. Doe,” who is living in the US under Temporary Protected Status (TPS), is among the plaintiffs. TPS, which covers individuals from countries affected by disasters or conflict, currently protects over a million people from 17 nations.

Further lawsuits are expected to challenge other parts of Trump’s immigration and policy agenda. Among them is a case against the Department of Government Efficiency, led by Elon Musk, and an order weakening job protections for federal civil servants.

The 1st US Circuit Court of Appeals, which hears cases from Massachusetts and New Hampshire, is composed entirely of Democratic appointees, and its rulings could play a critical role in shaping the legal battles ahead. Similarly, the 9th US Circuit Court of Appeals, which has jurisdiction over Washington state, has historically been a barrier to some of Trump’s policies, although recent judicial appointments have shifted its ideological makeup.

The White House has not responded to requests for comment on the lawsuits.

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