California Attorney General Rob Bonta, alongside attorneys general from several states and the City and County of San Francisco, responded to a U.S. District Court decision in Massachusetts granting a preliminary injunction against an executive order by President Trump that sought to terminate birthright citizenship. This action was challenged by a coalition of 19 states led by Bonta, New Jersey Attorney General Matt Platkin, and Massachusetts Attorney General Andrea Campbell.
The executive order issued on January 20, 2025, aimed to end birthright citizenship, contravening the Fourteenth Amendment of the United States Constitution and Section 1401 of the Immigration and Nationality Act. The coalition's lawsuit sought to invalidate this order. Judge Leo Sorokin granted immediate relief to prevent its implementation.
Attorney General Bonta stated: "President Trump may believe that he is above the law, but today’s preliminary injunction sends a clear message: He is not a king, and he cannot rewrite the Constitution with the stroke of a pen."
Bonta further emphasized: "We immediately stood up for our Constitution, for the rule of law, and for American children across the country who would have been deprived of their constitutional rights – and today we delivered for them."
The historical context traces back centuries where birthright citizenship was affirmed post-Civil War through the Fourteenth Amendment. The Supreme Court has repeatedly upheld that this citizenship does not depend on parental immigration status.
If enacted, Trump's order would have affected thousands born in California annually by stripping them of citizenship privileges such as Social Security numbers and voting rights. It would also impact state funding tied to resident immigration status affecting programs like Medicaid.
The court filings argue that states should not bear costs associated with altering benefits programs while legal proceedings continue due to constitutional inconsistencies highlighted in previous Supreme Court decisions.