Judge Hears Bid to Block Trump's Birthright Citizenship Cancellation

4 hours ago 4

A federal judge in Seattle is set to hear the first arguments in a multistate lawsuit seeking to block President Donald Trump's executive order ending the constitutional guarantee of birthright citizenship.

The case, brought by 22 states and several immigrant rights groups, includes personal testimonies from attorneys general and pregnant women concerned about their children's citizenship status.

Why It Matters

The order, signed by Trump on Inauguration Day, is slated to take effect on Feb. 19 and could affect hundreds of thousands of people born in the country.

The 14th Amendment to the U.S. Constitution guarantees citizenship for people born and naturalized in the U.S. This principle, known as jus soli or "right of the soil," has been interpreted this way for over a century. Trump's order challenges this interpretation, asserting that children of noncitizens are not subject to U.S. jurisdiction.

Donald Trump signs an executive order
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House, Monday, Jan. 20, 2025, in Washington. Evan Vucci/AP Photo

What To Know

The U.S. is among about 30 countries that apply birthright citizenship. The lawsuits argue that the 14th Amendment guarantees citizenship for people born in the U.S. A key case in 1898 held that Wong Kim Ark, born in San Francisco to Chinese immigrants, was a U.S. citizen. Advocates of immigration restrictions argue that this case applied to children of legal immigrants, not those living in the country illegally.

Chinese American Attorney General

Trump's executive order has prompted attorneys general to share their personal connections to birthright citizenship. For example, Connecticut Attorney General William Tong, a U.S. citizen by birthright and the nation's first Chinese American elected attorney general, has expressed that the lawsuit is personal for him. He emphasized that there is no legitimate legal debate on this question, but Trump's actions could inflict serious harm on American families.

"Priceless Treasure"

One of the lawsuits aimed at blocking the executive order includes the case of a pregnant woman, identified as "Carmen," who is not a citizen but has lived in the United States for more than 15 years and has a pending visa application that could lead to permanent residency status. The suit argues that stripping children of the "priceless treasure" of citizenship is a grave injury, denying them full membership in U.S. society.

Attorney General Nick Brown
Washington Attorney General Nick Brown speaks during a news conference announcing that Washington will join a federal lawsuit to challenge President Donald Trump's executive order to end birthright citizenship Tuesday, Jan. 21, 2025, in Seattle.... Lindsey Wasson/AP Photo

What People Are Saying

Connecticut Attorney General William Tong: "There is no legitimate legal debate on this question. But the fact that Trump is dead wrong will not prevent him from inflicting serious harm right now on American families like my own."

President Donald Trump: "It's ridiculous. We're the only country in the world that does this."

What Happens Next

The federal judge in Seattle will consider the request from Arizona, Illinois, Oregon, and Washington to block the executive order. The outcome of this case could have significant implications for birthright citizenship in the U.S.

The article includes reporting from The Associated Press

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About the writer

Amir Daftari

Amir Daftari is a Newsweek reporter based in London, specializing in global affairs with a focus on the Middle East. ... Read more

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