California Attorney General Rob Bonta has initiated legal action against the Trump Administration, challenging an executive order that seeks to end birthright citizenship. The lawsuit, filed in San Francisco, argues that the order violates the Fourteenth Amendment of the U.S. Constitution and Section 1401 of the Immigration and Nationality Act. This legal move is supported by 18 state attorneys general from states including New Jersey and Massachusetts.
Attorney General Bonta stated, "The President’s executive order attempting to rescind birthright citizenship is blatantly unconstitutional and quite frankly, un-American." He emphasized California's historical connection to Wong Kim Ark, a San Francisco native whose case established birthright citizenship for children born in the United States.
The lawsuit highlights that since America's founding, individuals born on U.S. soil have been recognized as citizens under common law tradition. The Fourteenth Amendment further solidified this right post-Civil War by ensuring citizenship for those born in the country. The Supreme Court upheld this interpretation in 1898 with United States v. Wong Kim Ark.
President Trump's executive order instructs federal agencies to deny citizenship rights to American-born children of non-lawful residents. It directs agencies like the Social Security Administration and Department of State to stop issuing social security numbers and passports to these children.
If implemented, this order could affect tens of thousands of children annually by denying them basic rights such as eligibility for federal benefits programs, obtaining a Social Security number, lawful employment opportunities, voting rights, jury service eligibility, and running for certain offices.
The potential impact extends beyond individuals; states like California risk losing federal funding for programs like Medicaid and the Children’s Health Insurance Program if they fail to comply with changes required by February 19 when the order is set to take effect.
The attorneys general argue that this executive order represents a significant constitutional violation causing irreparable harm. They seek a nationwide preliminary injunction to prevent these impacts on an estimated 24,500 children born annually in California alone.
Joining Attorney General Bonta are attorneys general from New Jersey, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York North Carolina Rhode Island Vermont Wisconsin along with San Francisco City officials.
A copy of the complaint is available online.