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Washington leads lawsuit against Trump's birthright citizenship order

LEGAL NEWSLINE

Wednesday, January 22, 2025

Washington leads lawsuit against Trump's birthright citizenship order

State AG
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Attorney General Bob Ferguson | Ballotpedia

Washington State has taken the lead in a multi-state federal lawsuit challenging President Donald Trump's executive order, which seeks to revoke birthright citizenship. The lawsuit was filed in the U.S. District Court for the Western District of Washington, with Oregon, Arizona, and Illinois joining as co-plaintiffs.

The suit argues that Trump's executive order violates both the 14th Amendment of the U.S. Constitution and the Federal Immigration and Nationality Act. According to Attorney General Nick Brown, "Haremos todo lo que esté en nuestras manos para defender los derechos de los habitantes de Washington."

Governor Bob Ferguson also voiced opposition to Trump's actions: “El excelente equipo de la Procuraduría General está listo para luchar contra esta acción ilegal.”

Mónica Mendoza-Cawthon, a resident of Kent whose parents immigrated from Mexico, shared her concerns about the impact on families like hers: "Mis padres vinieron aquí con la promesa de un sueño americano... Desafortunadamente, estamos en un momento oscuro en nuestro gobierno nacional."

Trump's executive order requires at least one parent to be a U.S. citizen or legal permanent resident for their child born in the U.S. to automatically receive citizenship. This move aims to curb illegal immigration.

Brown claims that implementing this order would harm thousands of Washington residents and violate constitutional rights. The lawsuit seeks an emergency injunction preventing federal agencies from enforcing this order.

Colleen Melody and her team are handling the case for Washington state.

The history of birthright citizenship is rooted in the 14th Amendment's Citizenship Clause, which grants automatic citizenship to anyone born in the United States. This interpretation was upheld by the Supreme Court in 1898 in United States v. Wong Kim Ark.

Preparations for a potential second Trump term have been underway at the Office of the Attorney General. They have analyzed policy proposals from Trump's campaign and coordinated with other state attorneys general.

During Trump's first term from 2017-2021, Washington successfully challenged several of his administration's policies.

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