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Washington leads multistate lawsuit against Trump's birthright citizenship order

LEGAL NEWSLINE

Wednesday, January 22, 2025

Washington leads multistate lawsuit against Trump's birthright citizenship order

State AG
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Attorney General Bob Ferguson | Official Website

Attorney General Nick Brown has announced that Washington is spearheading a multistate federal lawsuit challenging President Donald Trump's executive order on birthright citizenship. The order, which seeks to revoke citizenship from certain individuals born in the United States, is being contested as unconstitutional by several states including Oregon, Arizona, and Illinois.

The legal action was filed in the U.S. District Court for the Western District of Washington. It argues that Trump's executive order violates both the 14th Amendment of the U.S. Constitution and the federal Immigration and Nationality Act. These laws establish that individuals born on U.S. soil are citizens regardless of their parents' citizenship status.

The lawsuit contends that President Trump lacks the authority to change constitutional provisions related to citizenship. Attorney General Brown emphasized his office's readiness to protect Washingtonians' rights, stating, "We will do everything in our power to defend the rights of Washingtonians."

Governor Bob Ferguson echoed this sentiment, highlighting preparations made over the past year to address such scenarios. "The excellent team at the Attorney General’s Office is ready to fight this unlawful action," he said.

Mónica Mendoza-Cawthon shared her personal perspective on how this order affects families like hers who have built their lives around American promises of freedom and opportunity.

President Trump's Executive Order titled “Protecting the Meaning and Value of American Citizenship” stipulates that a child must have at least one parent who is a U.S. citizen or legal permanent resident to gain automatic citizenship. This measure was reportedly aimed at curbing illegal immigration.

Washington's lawsuit asserts that implementing this order would unjustly strip many individuals of their rights as citizens, impacting their ability to engage fully in society through voting, employment, and other civic activities.

The case involves several members from Washington's legal team including Wing Luke Civil Rights Division Chief Colleen Melody and Assistant Attorneys General Lane Polozola, Daniel Jeon, Alyson Dimmitt Gnam among others.

Historically, birthright citizenship has been upheld by landmark cases such as United States v. Wong Kim Ark which confirmed that those born in America are entitled to citizenship under the 14th Amendment—a principle recognized by successive administrations over decades.

In preparation for potential policy shifts during Trump's second term campaign promises—including ending birthright citizenship—Washington's Attorney General’s Office has been proactive in coordinating with other state attorneys general and key organizations since early last year.

Between 2017-2021 during Trump's first term as president, Washington successfully challenged numerous policies deemed illegal by Brown’s office leading multiple lawsuits including against Trump’s travel ban targeting Muslim-majority countries.

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