Vermont, along with 19 other states and jurisdictions, has filed a lawsuit against President Donald Trump's executive order that seeks to end birthright citizenship. The coalition contends that the order violates rights guaranteed under the Fourteenth Amendment of the United States Constitution and Section 1401 of the Immigration and Nationality Act.
"I swore an oath to uphold the Constitution of the United States of America, and this executive order is plainly unconstitutional," stated Vermont Attorney General Charity Clark. "Babies born here in Vermont have a constitutional right to be embraced as Vermonters and Americans."
The legal action was initiated by Attorney General Clark in collaboration with other state attorneys general and the City of San Francisco. They filed the lawsuit in the U.S. District Court for the District of Massachusetts, aiming to nullify the executive order and halt its implementation through a Preliminary Injunction. A separate lawsuit has been filed by several western state attorneys general in the U.S. District Court for the District of Washington.
The filing highlights that birthright citizenship has historical roots dating back centuries, including pre-Civil War America. While the Dred Scott decision once denied this right to descendants of slaves, it was restored through the adoption of the Fourteenth Amendment post-Civil War. The U.S. Supreme Court has upheld birthright citizenship twice, irrespective of parental immigration status.
If enforced, individuals stripped of their citizenship under this executive order would face significant consequences: they could be deported, lose access to federal benefits programs, be unable to obtain Social Security numbers or work legally, and lose their rights to vote or run for certain offices. This scenario would mark a regression not seen since before Dred Scott's reversal.
States joining Vermont in this legal challenge include California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Wisconsin—and also includes San Francisco.
A copy of the lawsuit is available online.