Attorney General Aaron M. Frey, along with 18 other states, has initiated legal action against President Donald Trump's executive order that aims to end birthright citizenship in the United States. The lawsuit contends that the order violates constitutional rights guaranteed to all children born in the country.
Frey expressed his disappointment with the executive order, stating, "It was anticipated that the President would issue this unconstitutional block on citizenship, but that does not make it any less disappointing." He emphasized that despite recent election outcomes, the Constitution remains unchanged and must be upheld.
The executive order is seen as a fulfillment of President Trump's longstanding promise to terminate birthright citizenship. However, Frey argues that this move contravenes both the Fourteenth Amendment of the U.S. Constitution and Section 1401 of the Immigration and Nationality Act.
To counteract what they deem an unlawful action by the President, Attorney General Frey and his counterparts have filed a suit in the U.S. District Court for Massachusetts. They are seeking to nullify the executive order and halt its implementation through a Temporary Restraining Order and a Preliminary Injunction.
The legal filing underscores historical precedents for birthright citizenship dating back centuries. It highlights how post-Civil War America adopted the Fourteenth Amendment to secure citizenship rights for those born within its borders—a stance supported by two Supreme Court rulings affirming birthright citizenship irrespective of parental immigration status.
Individuals affected by losing their U.S. citizenship face significant consequences: loss of basic rights, threat of deportation, ineligibility for federal benefits programs, inability to obtain Social Security numbers or work legally as they age, and loss of voting rights among others.
Moreover, states argue that such an order will inflict harm on them directly by reducing federal funding for state-administered programs like Medicaid and foster care assistance—programs partly dependent on residents' immigration status. This change necessitates costly adjustments in program administration without prior notice.
Joining Maine in this legal challenge are New Jersey, Massachusetts, California, New York, Connecticut, Rhode Island, Michigan, Colorado, Delaware, Nevada, Hawaii, Maryland Minnesota New Mexico Vermont Wisconsin North Carolina Washington D.C., along with San Francisco City.