Massachusetts Attorney General Andrea Joy Campbell, along with 17 other states, the District of Columbia, and the City and County of San Francisco, has filed a lawsuit against President Donald Trump's Executive Order aimed at ending birthright citizenship. The legal action was taken in the U.S. District Court for the District of Massachusetts.
Attorney General Campbell stated, "Birthright citizenship in our country is a guarantee of equality, born out of a collective fight against oppression, slavery and its devastating harms. It is a settled right in our Constitution and recognized by the Supreme Court for more than a century." She emphasized that President Trump lacks the authority to revoke constitutional rights.
The contested Executive Order seeks to end birthright citizenship as provided by the Fourteenth Amendment of the United States Constitution and Section 1401 of the Immigration and Nationality Act. The coalition aims to nullify this order and prevent any measures to enforce it.
Historically, the Fourteenth Amendment was established in 1868 following the Dred Scott decision which denied citizenship to descendants of slaves born in the U.S. The amendment sought to rectify racial inequalities by granting citizenship to formerly enslaved individuals after the Civil War. In United States v. Wong Kim Ark (1898), the Supreme Court upheld birthright citizenship for those born on American soil regardless of their parents' immigration status.
If implemented, Trump's order would affect over 150,000 children born annually in America who would lose their citizenship rights. These individuals would face potential deportation without access to Social Security numbers or lawful employment opportunities. They would also be deprived of voting rights and could become stateless.
The Executive Order poses significant challenges for states that rely on federal funding for programs like Medicaid and foster care assistance which are contingent upon residents' immigration status. States argue they should not bear these costs during ongoing litigation since they believe the order contradicts constitutional provisions.
The lawsuit is spearheaded by attorneys general from Massachusetts, New Jersey, and California with support from other states including Colorado, Connecticut, Delaware, Hawaiʻi, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, Wisconsin as well as San Francisco.
In Massachusetts specifically handling this case are Deputy State Solicitor Jerry Cedrone and Assistant Attorney General Jared Cohen from AG Campbell’s Civil Rights Division.