Attorney General James Challenges Executive Order on Birthright Citizenship

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Coalition Takes Legal Action

New York Attorney General Letitia James has joined forces with 18 states and the City of San Francisco to challenge President Donald Trump’s executive order ending birthright citizenship. This order, according to Attorney General James, violates the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all children born in the United States. The coalition has filed a lawsuit in the U.S. District Court for the District of Massachusetts to block the order.

Preserving a Constitutional Right

Attorney General James emphasized the historical and constitutional importance of birthright citizenship. “This fundamental right, rooted in the 14th Amendment, is a cornerstone of justice in our nation,” she stated. “President Trump’s attempt to undermine this right is unconstitutional and dangerous. We are suing to protect the integrity of the U.S. Constitution and the promise of birthright citizenship.”

Historical Context of Birthright Citizenship

Birthright citizenship has deep roots in American history, dating back to pre-Civil War times. While the Dred Scott decision infamously denied citizenship to the descendants of slaves, the adoption of the 14th Amendment after the Civil War ensured citizenship for all children born on U.S. soil. The Supreme Court has since upheld this right twice, solidifying it as a foundational principle of American law.

Potential Impact of the Executive Order

If implemented, the executive order would strip citizenship from babies born in the U.S. to non-citizen parents, including those on visas or undocumented. These children would face significant hardships, including ineligibility for federal benefits, lack of Social Security numbers, and exclusion from key rights such as voting and lawful employment. For the first time since 1868, children born in America would be denied the protections and privileges of U.S. citizenship.

Legal Efforts to Block the Order

The coalition has filed a request for a preliminary injunction to prevent the executive order from taking effect. This immediate relief is crucial to safeguard the rights of children born in the United States. Joining Attorney General James are attorneys general from states including California, Massachusetts, and Michigan, as well as officials from the City of San Francisco.

Key Legal Team

The legal team representing New York in this case includes Special Counsel for Immigrant Justice Zoe Levine, Special Counsel for Federal Initiatives Rabia Muqaddam, and Special Counsel Molly Thomas-Jensen, with assistance from Assistant Attorneys General Kathryn Meyer and Ivan Navedo.

 

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