New York Attorney General Letitia James, along with a coalition of 18 states and the City of San Francisco, has filed a lawsuit challenging President Donald Trump's Executive Order aimed at ending birthright citizenship. The coalition argues that this order violates the constitutional rights guaranteed to all children born in the United States under the 14th Amendment.
Attorney General James stated, "The great promise of our nation is that everyone born here is a citizen of the United States, able to achieve the American dream." She emphasized that this right is deeply rooted in the 14th Amendment and is fundamental to justice in America. James criticized President Trump's attempt as not only unconstitutional but also dangerous, declaring their intention to uphold the U.S. Constitution and maintain birthright citizenship for those born on American soil.
The lawsuit seeks to invalidate the Executive Order and prevent any implementation efforts. The states involved have requested immediate relief through a Preliminary Injunction filed with the court.
Historically, birthright citizenship has been recognized since pre-Civil War America. Although it was denied by the Supreme Court's Dred Scott decision, it was later protected by the adoption of the 14th Amendment post-Civil War. Attorney General James noted that birthright citizenship has been upheld twice by the U.S. Supreme Court, affirming its status as law irrespective of parents' immigration status.
If implemented, this Executive Order would mark a significant shift from legal precedent established since 1868 when babies born in New York and across America could lose their entitlement to citizenship starting February 19. This change would affect children whose parents are on certain visas or undocumented, denying them federal benefits such as Social Security numbers and lawful work opportunities. It would also impact their access to health care and other critical services while stripping away their rights like voting and serving on juries.
Joining Attorney General James are attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Wisconsin; alongside Washington D.C., and San Francisco city officials.
Handling this case for New York are Special Counsel for Immigrant Justice Zoe Levine; Special Counsel for Federal Initiatives Rabia Muqaddam; Special Counsel Molly Thomas-Jensen; Assistant Attorneys General Kathryn Meyer; Ivan Navedo under First Deputy Attorney General Jennifer Levy's supervision.