22 States Sue to Block Trump’s Order on Birthright Citizenship

22 States Sue to Block Trump’s Order on Birthright Citizenship

In a significant legal challenge, 22 U.S. states have filed a lawsuit against the Biden administration, seeking to block an executive order issued by President Donald Trump on January 20, 2025, the very first day of his presidency. This executive action seeks to end birthright citizenship, a practice enshrined in the 14th Amendment of the U.S. Constitution, which guarantees U.S. citizenship to anyone born on American soil, regardless of the immigration status of their parents.

The legal challenge marks the beginning of a fresh battle over the future of birthright citizenship in the U.S. Trump’s order, which immediately drew backlash, seeks to reinterpret this constitutional guarantee and limits automatic citizenship for children born to undocumented immigrants. As the states band together to block the order, this legal dispute could have long-lasting implications for U.S. immigration policy, the immigrant community, and future generations of children born in the United States.

The Trump Order on Birthright Citizenship

On the first day of his presidency, President Trump signed an executive order aimed at terminating the practice of birthright citizenship. The order asserts that children born in the U.S. to undocumented immigrants should not automatically be granted U.S. citizenship, a sharp departure from the long-standing interpretation of the 14th Amendment.

The 14th Amendment, ratified in 1868, states that "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." This amendment was initially designed to grant citizenship to former enslaved Black Americans following the Civil War, but its broad language has been understood to apply to all children born on U.S. soil, regardless of their parents' immigration status.

Trump’s executive order, however, proposes that the U.S. government should no longer recognize the automatic citizenship of children born to non-citizen parents living in the country without legal authorization. This drastic shift in policy could redefine how citizenship is granted and create a legal landscape where millions of children born to undocumented parents would no longer be considered U.S. citizens.

Legal Basis for the Challenge: 22 States’ Lawsuit

In response to the executive order, a coalition of 22 states, led by state attorneys general, has filed a lawsuit against the federal government. The lawsuit argues that Trump’s order violates the 14th Amendment and seeks to prevent the implementation of the order, which the states claim would create a constitutional crisis and undermine a long-established interpretation of citizenship rights.

The plaintiffs in the lawsuit assert that the 14th Amendment guarantees birthright citizenship and that this can only be altered through a constitutional amendment or legislation passed by Congress—something Trump’s executive action cannot achieve unilaterally. The states argue that Trump’s order would not only harm children and families but could also lead to a patchwork of state laws regarding citizenship, creating confusion and legal challenges for millions of children born in the U.S.

These states include both liberal and moderate jurisdictions, with several key swing states involved in the lawsuit. The plaintiffs hope to prevent the Trump administration from enforcing the executive order, which they argue would violate both the Constitution and established legal precedents on citizenship.

The 14th Amendment and Its Impact on Birthright Citizenship

The 14th Amendment has long been regarded as a foundational element of U.S. immigration policy. Section 1 of the amendment clearly states that all persons born on U.S. soil are U.S. citizens, except for children born to foreign diplomats or hostile foreign forces. Historically, this provision has been interpreted to include children born to undocumented immigrants, a practice that has resulted in automatic citizenship for millions of children born in the United States.

Trump’s order seeks to redefine what it means to be "subject to the jurisdiction" of the United States. The administration argues that children born to undocumented immigrants are not “subject to the jurisdiction” of the U.S. in the same way that U.S. citizens and lawful residents are, thus not entitled to automatic citizenship. Legal experts, however, dispute this interpretation, stating that it goes against the original intent of the 14th Amendment and would effectively strip citizenship from children born on American soil to undocumented parents.

The order's potential consequences could be far-reaching. If upheld, it could deprive millions of children born in the U.S. of their birthright citizenship, a drastic shift that could leave many without any clear legal status or path to citizenship.

Effect on H-1B Visa Holders and India

One of the most significant and immediate effects of President Trump’s birthright citizenship order would likely be felt by H-1B visa holders, especially those from India, which is the largest source of H-1B visa recipients. The H-1B visa program allows U.S. companies to hire skilled foreign workers, particularly in the technology and healthcare sectors. Many Indian nationals, along with their families, have used the H-1B visa to work in the U.S. and provide for their children, who were often born in the country and automatically granted U.S. citizenship.

If the order goes into effect, it could create confusion for H-1B visa holders who are already in the U.S., as their children, born in the U.S. during their parents' temporary stay, might no longer be granted citizenship. This could have a profound impact on families, especially for those who have lived and worked in the U.S. for years, building careers in sectors that rely heavily on skilled workers from abroad.

India, which supplies a significant portion of the U.S. tech workforce, may see a decrease in the number of professionals seeking opportunities in the U.S. if the policy is seen as hostile to immigrant families. For tech companies like Microsoft, Google, and Apple, which rely on skilled labor from India, this could lead to recruitment challenges, especially in high-demand fields like artificial intelligence, cybersecurity, and cloud computing.

Additionally, the uncertainty surrounding birthright citizenship could discourage potential immigrants from applying for H-1B visas in the future, fearing that their children might not receive the same rights they were promised when they entered the U.S.

The Legal and Political Landscape Ahead

The legal challenge to Trump’s order on birthright citizenship will likely set the stage for a protracted battle over the future of U.S. immigration policy. As the lawsuit moves through the courts, it is expected to become a central issue in the broader debate on immigration reform, birthright citizenship, and the rights of immigrant families in the U.S.

Trump’s executive order, if implemented, could have significant consequences for both immigrants and U.S. immigration law. The lawsuit filed by the 22 states represents a pivotal moment in this ongoing debate, and its outcome could shape the U.S. immigration landscape for years to come.