Eighteen U.S. states have filed a lawsuit against President Donald Trump to halt his controversial executive order that denies birthright citizenship to children born on U.S. soil to undocumented immigrants.
The lawsuit, filed Tuesday in a Federal District Court in Massachusetts, marks the first significant legal challenge to Trump’s immigration policies during his second term.
Led by New Jersey Attorney General Matthew J. Platkin, alongside attorneys general from California and Massachusetts, the plaintiffs argue that the executive order is an unconstitutional overreach of presidential authority.
“Presidents are powerful, but they are not kings. He cannot rewrite the Constitution with a stroke of the pen,” Platkin said, labeling the move “extraordinary and extreme.”
The legal challenge has also gained support from the cities of San Francisco and Washington, D.C., reflecting widespread opposition to the directive.
Just hours into his second term, Trump signed the executive order declaring that children born in the U.S. to undocumented immigrants, as well as some born to legal but temporary residents like foreign students or tourists, would no longer qualify for U.S. citizenship.
The order asserts that such children are not “subject to the jurisdiction” of the United States, a direct contradiction of over a century of legal precedent affirming birthright citizenship under the 14th Amendment. For more than 100 years, courts and administrations have interpreted the amendment as guaranteeing citizenship to all children born on U.S. soil, with the sole exception of children of accredited foreign diplomats.
Legal experts predict the order will face significant obstacles in court. “If executive overreach was struck down for issues like student loans or COVID-19, it’s hard to see how this will hold,” said Gerard Magliocca, a constitutional law professor at Indiana University.
While most scholars anticipate the courts will invalidate the order, some conservative judges have voiced support for Trump’s interpretation. Judge James C. Ho of the U.S. Court of Appeals for the Fifth Circuit, a Trump appointee, has previously compared undocumented immigrants to an “invading army,” a sentiment echoed by Trump and Texas officials.
However, since the Fifth Circuit does not oversee cases filed in Massachusetts, experts say the administration’s arguments are unlikely to gain traction in this particular legal battle.
This lawsuit is poised to ignite a broader debate on immigration and the limits of presidential authority, setting the stage for a landmark constitutional showdown.
