One day after President Donald Trump signed an executive order that could revoke U.S. citizenship for some children born in the U.S., 18 states filed a lawsuit to stop the order from being enforced.
The Democratic-led states argue that birthright citizenship is a right for all people born in the U.S. under the 14th Amendment, which was enacted in 1868.
The first section of 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
But President Trump and his allies say that birthright citizenship is a way for migrants in the U.S. illegally to remain in the U.S. if they give birth to a child who becomes a U.S. citizen.
In President Trump's executive order signed on Monday, the White House claims, "The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States."
"The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not 'subject to the jurisdiction thereof.' Consistent with this understanding, Congress has further specified through legislation that 'a person born in the United States, and subject to the jurisdiction thereof' is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text," the order reads.
The multiple attorneys general disagree with President Trump's interpretation of the 14th Amendment.
"The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor is he empowered by any other source of law to limit who receives United States citizenship at birth," the attorneys general wrote in their lawsuit.
According to Pew Research, there are about 4.4 million U.S.-born children under 18 living with an unauthorized immigrant parent. Pew also says that as of 2022, there are 11 million unauthorized immigrants living in the U.S., representing 3.3% of the population.
President Trump's executive order is scheduled to go into effect Feb. 19. The order would not impact the legal status of children born prior to Feb. 19, 2025.
