Wisconsin has joined forces with 22 other states to file a lawsuit against President Donald Trump’s executive order, which aims to terminate birthright citizenship. This long-standing immigration policy ensures that children become citizens regardless of their parents’ immigration status.
The lawsuit claims that Trump’s executive order, which spans almost 700 words and was issued on Monday, is deemed “unconstitutional” as it violates the 14th Amendment. This amendment, ratified in 1868, grants citizenship to all individuals born in the United States. It states, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Trump’s executive order aims to prevent the State Department from granting passports to infants born in the United States to noncitizen parents. Additionally, it directs the Social Security Administration to cease recognizing these individuals as American citizens. The order is set to come into force within the next 30 days.
“Attempting to deny citizenship to kids who were born in the United States of America is as egregious and wrong-headed as it is unconstitutional,” said Wisconsin Gov. Tony Evers in a press release on Tuesday. “We must defend Americans’ constitutional rights, including the rights of kids who are born on U.S. soil, and that is exactly what we are doing today.”
The lawsuit is backed by 18 states, all of which have Democratic attorneys general. These states include Wisconsin, Michigan, Minnesota, North Carolina, New Jersey, Massachusetts, California, New York, Connecticut, Rhode Island, Colorado, Delaware, Nevada, Hawaii, Maryland, Maine, New Mexico, and Vermont. The lawsuit also has the support of the District of Columbia and the city of San Francisco.
“The Constitution, federal law, and Supreme Court precedent all make clear that the children who would be impacted by this executive order are United States citizens,” said Attorney General Kaul. “This attempt to deny them citizenship in blatant violation of the Constitution should be rejected.”
The ACLU, in collaboration with the ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Asian Law Caucus, State Democracy Defenders Fund, and Legal Defense Fund, has filed a lawsuit on behalf of several groups. These groups represent individuals whose babies would be denied citizenship under the new executive order.
“Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values,” American Civil Liberties Union Executive Director Anthony D. Romero said in a statement about the lawsuit his group filed in partnership with other immigrants rights groups Monday night.
According to officials, the executive order will lead to states losing federal funding for various programs, including Medicaid, the Children’s Health Insurance Program, and foster care and adoption assistance programs.
The lawsuit claims that the Trump administration is disregarding the Constitution, congressional intent, and established Supreme Court precedent.
According to the Pew Research Center, there were approximately 4.4 million children in the United States who were born and are under the age of 18, and they are living with at least one undocumented immigrant parent in the year 2022. Additionally, there are around 1.4 million adults who have parents that are undocumented immigrants.
During his presidential campaign, Trump placed significant emphasis on immigration and border issues. Immediately after being sworn in as president, he wasted no time in taking action on his promises. Among the executive orders he signed, a national emergency was declared at the southern border, the Remain in Mexico policy was reinstated, and a program allowing immigrants who entered the country illegally to stay while their asylum cases were processed was terminated.
He also took action by signing orders to resume the construction of the southern border wall, halt refugee resettlement, and deploy the U.S. military to the border.