Michigan Attorney General Dana Nessel, alongside attorneys general from 17 other states, Washington D.C., and the City of San Francisco, has initiated legal action against President Donald Trump's executive order aimed at limiting birthright citizenship. This move challenges what Nessel describes as a violation of constitutional rights for children born in the United States.
"Birthright citizenship is a basic right granted to all Americans born on United States soil with historic roots and long-lasting implications for the states and their residents," stated Nessel. She further expressed disappointment that "the first perceived enemy President Trump has struck against is the U.S. Constitution."
The executive order, issued by President Trump following his inauguration, seeks to alter the Fourteenth Amendment's provision on birthright citizenship. It will not take effect for 30 days and does not revoke citizenship from those already born in the country. The coalition of states is pursuing immediate legal relief to prevent its implementation until court proceedings are concluded.
Nessel has filed a lawsuit in the U.S. District Court for the District of Massachusetts aiming to invalidate the executive order and halt any actions towards its enforcement. The states are requesting both a Temporary Restraining Order and a Preliminary Injunction.
According to Nessel's filing, birthright citizenship has deep historical roots, including protection under the Fourteenth Amendment post-Civil War. The U.S. Supreme Court has upheld this right twice, regardless of parental immigration status.
Nessel warned that stripping individuals of their U.S. citizenship would result in loss of fundamental rights and access to federal benefits such as Social Security numbers, lawful employment opportunities, voting rights, jury service eligibility, and candidacy for certain offices.
"Today’s executive order is a clear violation of American law," Nessel added, emphasizing that altering an amendment requires steps beyond an executive order.
The lawsuit also highlights potential harm to state programs like Medicaid and Children's Health Insurance Program due to changes in federal funding linked to residents' immigration status.
Joining Michigan in this legal challenge are California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Rhode Island, Vermont, Wisconsin; Washington D.C.; and San Francisco.
This suit marks Nessel's first legal action against the new administration following recent multistate efforts concerning healthcare access for DREAMers.
"I filed these suits under the authority of my office... I am bound by the oath of my office to take action," said Nessel regarding her commitment to protecting Michigan residents' rights.