States, ACLU Sue to Block Trump's Order Ending Birthright Citizenship

story

Jan 21, 2025

Above: Pres. Donald Trump speaks at his victory rally Jan. 19, 2025 in Washington, DC. Image copyright: Scott Olson/Staff/Getty Images News via Getty Imagesstory last updated Jan 22

The Facts

The American Civil Liberties Union (ACLU) and other civil rights groups filed a lawsuit in New Hampshire federal court on Monday, arguing that Pres. Donald Trump's executive order ending birthright citizenship contradicts the US Supreme Court's (SCOTUS) 1898 ruling in United States v. Wong Kim Ark that established birthright citizenship.
On Tuesday, a coalition of 18 Democratic-led states, along with Washington DC and San Francisco, filed a lawsuit in Massachusetts federal court challenging the order as unconstitutional and violating the 14th Amendment's guarantee of birthright citizenship.
Trump signed the order shortly after taking office Monday. It directs federal agencies to stop recognizing citizenship for children born in the US whose parents are in the country unlawfully. It also covers children born to mothers who are in the US temporarily if the father is not a citizen or legal permanent resident.

The Spin

Democratic narrative

By signing this flagrant violation of the Constitution, Trump has again revealed himself as an enemy to families. The 14th Amendment has been a cornerstone of American democracy for over 150 years — and Trump can't destroy it with one stroke of his pen.

Daily Kos

NBC

Republican narrative

Liberals may continue to sue Trump in order to defend illegal immigration, but this order is necessary to address the problem of birth tourism. Citizenship loses its value when it's granted to those whose parents aren't in the US with permission of the government.