Minnesota Attorney General Keith Ellison, alongside attorneys general from 20 states and the City of San Francisco, has filed a lawsuit against President Donald Trump's executive order that aims to end birthright citizenship. This order is viewed as unconstitutional by the coalition, which argues it violates the Fourteenth Amendment and Section 1401 of the Immigration and Nationality Act.
The lawsuit was submitted in U.S. District Court for the District of Massachusetts, seeking to invalidate the executive order and halt its implementation. The plaintiffs are requesting immediate judicial intervention to prevent the order from taking effect.
Attorney General Ellison remarked on the situation: “Only hours ago, the President swore an oath to uphold the Constitution, then broke it almost as soon as he took it. I am using the power of my office and the law to join with other state attorneys general from coast to coast to quickly and clearly bring suit to stop this unprecedented, blatant breach of the Constitution by a President.”
The legal action emphasizes that birthright citizenship has historical roots predating even the Civil War. The post-Civil War adoption of the Fourteenth Amendment was meant to safeguard citizenship for all children born in America. Despite previous rulings such as Dred Scott denying citizenship based on descent from slaves, subsequent Supreme Court decisions have reinforced birthright citizenship regardless of parental immigration status.
A 2025 report by the National Demographics Corporation estimated that in 2022 alone, around 153,000 children were born in America to noncitizen parents without legal status. These children would face significant challenges if deprived of their constitutional rights due to this executive order.
Ellison highlighted potential consequences: “For more than 125 years, the Supreme Court has clearly interpreted the Fourteenth Amendment of the U.S. Constitution to eliminate any doubt or confusion that anyone born in the U.S. is automatically a U.S. citizen."
If upheld, this executive order could result in these individuals losing vital privileges associated with citizenship such as obtaining Social Security numbers or lawful employment opportunities. They would also lose eligibility for federal programs and risk deportation despite potentially having no alternative nationality.
Furthermore, Minnesota and other states involved would experience financial impacts due to lost federal funding for programs like Medicaid and foster care assistance that depend partly on residents' immigration status. Implementing necessary changes could impose substantial costs on taxpayers without prior notice.
Ellison's coalition includes attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan New Jersey Nevada New Mexico New York Rhode Island Vermont Wisconsin along with Arizona Illinois Oregon Washington who filed separately but similarly challenged Trump's directive citing inconsistencies with both constitutional provisions statutory laws precedents set by landmark cases United States v Wong Kim Ark Plyler v Doe