States sue Trump for ending automatic birthright citizenship

Eighteen states joined in a federal lawsuit on Tuesday pushing back against the Trump administration’s executive order ending automatic birthright citizenship for children born in the United States, regardless of their parents’ immigration status. The executive order is one of a swath of orders President Donald Trump signed after his Monday inauguration.

That executive order eliminates U.S. citizenship for children born under the following circumstances:

• A child whose mother was in the United States illegally, and whose father was not a U.S. citizen or a lawful permanent resident at the time of the child’s birth.

• A child whose mother was in the United States on a temporary basis (for example, visiting on a student, work, or tourist visa), and whose father was not a U.S. citizen or lawful permanent resident at the time of the child’s birth.

The order described American citizenship as a priceless gift, adding that infants born to lawful U.S. citizens will still receive automatic citizenship.

What were the states’ arguments against ending automatic citizenship? Within hours of taking office, Trump attempted to nullify an American right that’s stood for over 150 years, according to the complaint. The right to automatic citizenship is guaranteed by the 14th Amendment, which states that citizenship is conferred to “all persons” born in and “subject to the jurisdiction” of the United States, according to the filing. The president holds no constitutional power to set rules or conditions around birthright citizenship, the complaint continued, and Trump only enacted the order as his latest tactic to cut down on illegal immigration. New Jersey Attorney General Matthew J. Platkin led the coalition of states from nearly every U.S. region, plus Hawaii.

How has the White House responded to the filing?  Trump’s executive order insists that parents who are not legal U.S. citizens fail to meet the 14th Amendment's criteria of being “subject to the jurisdiction” of the United States. White House Deputy Press Secretary Harrison Fields said the administration is ready for the legal battles following Trump’s orders, according to reporting by the Associated Press. The left can try fighting the will of the people or get on board and work alongside the president, he said.

Dig deeper: Read Josh Schumacher’s report on Trump’s additional day-one executive orders.