States File Suit Against Executive Order Ending Birthright Citizenship

A coalition of 19 states, led by Maryland Attorney General Anthony G. Brown, has filed a lawsuit challenging an executive order aimed at ending birthright citizenship in the United States. The states argue the order violates constitutional protections enshrined in the Fourteenth Amendment and threatens the rights and futures of children born on U.S. soil.

The lawsuit, filed in the U.S. District Court for the District of Massachusetts, seeks to invalidate the executive order and prevent its implementation. Attorney General Brown emphasized that birthright citizenship is a cornerstone of American principles, codified in the Constitution and upheld by the Supreme Court. Ending this right, the suit claims would strip individuals of essential protections, rendering them vulnerable to deportation and exclusion from federal benefits, lawful employment, and democratic participation.

The Fourteenth Amendment, adopted after the Civil War, guarantees citizenship to all individuals born in the United States, regardless of their parents’ immigration status. The executive order, issued January 20, 2025, directly conflicts with this constitutional provision and longstanding legal precedent. The plaintiffs argue that the order’s immediate impacts would harm hundreds of thousands of individuals while imposing significant financial and administrative burdens on state governments.

The suit also highlights broader consequences, including potential losses in federal funding for critical programs like Medicaid, the Children’s Health Insurance Program, and foster care services. These programs rely on resident eligibility, which could disrupt the sudden change in citizenship rules. The states further argue that the executive order would force them to overhaul administrative systems at great expense, diverting resources from other priorities.

The challenge is supported by states across the country, including New York, California, and Michigan, as well as the District of Columbia and San Francisco. The coalition seeks immediate judicial relief to halt the order’s implementation while the case proceeds.

Article by multiple RFHC contributors.

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