Attorney General Jeff Jackson, along with 18 other attorneys general, is contesting a recent executive order aimed at ending birthright citizenship as established by the Fourteenth Amendment. The order, which would take effect 30 days post-signature, could strip children born in the United States of their constitutional rights and their ability to be recognized as American citizens.
Jackson emphasized that "this executive order is a straightforward violation of the Fourteenth Amendment, which guarantees citizenship to all people born on U.S. soil." He stated that this principle has been consistently upheld by the Supreme Court for over a century and forms a fundamental part of the constitutional framework.
The Constitution does not allow for executive reinterpretation on this issue, according to Jackson. "This order seeks to undermine that clarity, creating legal uncertainty and denying fundamental rights to children born in this country," he said. His role as Attorney General involves defending the Constitution, which is why he joined the lawsuit "to uphold the rule of law and preserve the rights that have defined our nation for generations."
The contested executive order was signed yesterday and challenges both the Fourteenth Amendment and Section 1401 of the Immigration and Nationality Act. The amendment states clearly: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The implementation of this order could result in children losing basic rights without any fault or action on their part and facing potential deportation threats.
Furthermore, there are concerns about how parents in North Carolina could document their newborns' American citizenship since state birth certificates may lack necessary information required by the executive order.
Following its adoption after the Civil War, birthright citizenship has been repeatedly upheld by the U.S. Supreme Court since 1898 regardless of parents' immigration status. Jackson is filing suit in the U.S. District Court for Massachusetts seeking to invalidate this executive order with a request for preliminary injunction while litigation proceeds.
Attorneys General from New Jersey, Massachusetts, California, Colorado, Connecticut, Delaware, District of Columbia, Hawai’i, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, Rhode Island Vermont Wisconsin along with San Francisco's city county are supporting this lawsuit.
A copy of complaint remains available for public access.