Delaware, along with 17 other states, Washington, DC, and San Francisco, has filed a lawsuit challenging President Trump's executive order aimed at ending birthright citizenship. The action is being taken to defend the constitutional rights of children born in the United States.
Attorney General Kathy Jennings stated, "We are a nation of immigrants, and a nation of laws; this executive order flies in the face of both." She emphasized that the Constitution is clear on this matter and stressed the importance of defending American children's rights.
The executive order issued by President Trump seeks to fulfill his promise to end birthright citizenship. However, Attorney General Jennings argues that it violates both the Fourteenth Amendment and Section 1401 of the Immigration and Nationality Act. The lawsuit has been filed in the U.S. District Court for the District of Massachusetts. The states involved are seeking immediate relief through a Temporary Restraining Order and a Preliminary Injunction to prevent the order from taking effect.
Birthright citizenship has historical roots dating back centuries, including pre-Civil War America. The Fourteenth Amendment was adopted in 1868 to protect citizenship for those born in the country following the Dred Scott decision that denied such rights to descendants of slaves. The U.S. Supreme Court has upheld birthright citizenship twice regardless of parents' immigration status.
If implemented, this executive order could deny citizenship rights to approximately 700 babies born annually in Delaware alone. Those affected would lose basic rights such as eligibility for federal benefits programs and their right to vote or work lawfully.
The lawsuit also highlights potential harm to state programs like Medicaid and foster care assistance due to loss of federal funding linked to residents' immigration status. States would face significant administrative burdens without notice if required to adjust their benefits programs accordingly.
Jurisdictions joining Delaware include New Jersey, California, Colorado, Connecticut, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont,Wisconsin,and others.