The states’ attorneys general filed the lawsuits on Tuesday.
The 14th Amendment, ratified in 1868 after the Civil War,
stipulates that all persons “born or naturalized in the United States, and
subject to the jurisdiction thereof,” are automatically citizens.
The language was crafted and added to the Constitution to
establish full citizenship rights for Black Americans, who at the time suffered
exclusion.
But for over a century, it has been interpreted as also
granting rights to all children born on US soil, regardless of their parents’
immigration status.
After his inauguration on Monday, Trump invoked his
presidential orders to begin his long-touted immigration crackdown.
A statement issued by the White House said the century-old
interpretation was misplaced, “clarifying” that the privilege does not extend
to children whose parents are not US citizens.
DEMOCRATIC STATES
KICK
The lawsuit filed by the 18 states said Trump’s initiative
violates the law.
The states that joined the suit are California, Colorado,
Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode
Island, Vermont, and Wisconsin.
Letitia James, New York attorney-general, said the law is a
cornerstone of America’s commitment to justice and is not open to
reinterpretation by executive order or presidential decree.
“President Trump’s attempt to undermine the fundamental
right to birthright citizenship is not just unconstitutional; it is profoundly
dangerous,” James said.
“Today, we are suing to uphold the integrity of the U.S.
Constitution and ensure the promise of birthright citizenship remains intact
for all who are born here.”
Trump’s aides hinted that the executive order would take
effect 30 days after he signed it.
The Democratic officials also filed a request asking the
court to put the case on a fast track and rule on whether to block enforcement
before it takes effect.
In a separate legal action, the American Civil Liberties
Union also filed a lawsuit aimed at blocking Trump’s order.