California Attorney General Rob Bonta has issued a statement ahead of an upcoming hearing concerning the state's motion for a preliminary injunction against President Trump's executive order aimed at ending birthright citizenship.
"Within hours of taking office, President Trump showed his blatant disregard for the limits of his authority under the law," stated Attorney General Bonta. "With his astonishing executive order to end birthright citizenship, the President is attempting to override the Fourteenth Amendment and unilaterally amend the U.S. Constitution. We’re in court to make the case for a preliminary injunction to prevent this order from taking effect while litigation proceeds. As the People’s Attorney, I am committed to ensuring the full rights of American-born children are upheld and respected."
In January 2025, Bonta co-led a coalition comprising 18 state attorneys general and San Francisco in filing a lawsuit challenging Trump's executive order. The lawsuit argues that it violates both the Fourteenth Amendment and Section 1401 of the Immigration and Nationality Act while disrupting over 125 years of Supreme Court precedent.
The executive order titled “Protecting the Meaning and Value of American Citizenship” asserts that birthright citizenship does not apply to children born in the United States if their mother is unlawfully present or temporarily lawfully present, and their father is neither a U.S. citizen nor a lawful permanent resident. Consequently, federal agencies have been directed to treat these children as ineligible for privileges reserved by law for U.S. citizens.
If implemented, this order could impact tens of thousands of children annually, including approximately 24,500 in California alone. These individuals would face losing fundamental rights such as working, voting, serving on juries, or running for certain offices.
Additionally, this executive order threatens cuts to federal funding crucial for states like California that rely on it for essential services benefiting vulnerable children. Such services include basic healthcare access for low-income families and early interventions for students with disabilities.
States would need to adjust their benefit programs swiftly before February 19 when this change is set to take effect—a costly endeavor requiring immediate action.
The hearing on this motion will occur tomorrow morning at 7 AM PT / 10 AM ET in Massachusetts' U.S District Court where further proceedings await regarding potential impacts upon numerous affected parties nationwide.