Birthright citizenship is automatic US citizenship granted to everyone born in the country. It is enshrined in the 14th Amendment to the US Constitution, making it difficult to overturn.
Trump, who has issued a range of unilateral measures since returning to the US presidency on Monday, has long pledged to make this particular change.
His executive order requires U.S. government departments and agencies to deny citizenship to children of immigrants who are in the U.S. either illegally or on temporary visas.
It would apply to children born on and after February 19, according to a legal filing by the Department of Justice (DoJ) in the case.
There have been reports that the administration will enforce the order by withholding documents such as passports from those it deems ineligible for citizenship.
In their lawsuit, the four states challenge the ruling that the 14th Amendment and US law “grant automatic citizenship to persons born in the United States” and that the president does not have the power to amend the Constitution.
He added that if the order is implemented, the residents of these states will suffer “immediate and irreparable harm”.
“Individuals who are stripped of their United States citizenship will be declared undocumented, removed or detained, and many will become stateless,” the lawsuit states. “
The states’ lawsuit seeks to block federal agencies from implementing the order — while the court hears arguments seeking a temporary restraining order to block the president’s order.
In response, the DoJ has argued in its papers that the case does not warrant the “extraordinary measure” of a temporary restraining order.
It also offers a different interpretation of the 14th Amendment, highlighting that the document grants US citizenship only to people born in the US “and subject to the jurisdiction thereof”, arguing that That it does not include children of non-citizens who are in the United States illegally.
The DoJ added that Trump’s order is “an integral part” of his goal to address the country’s “broken immigration system and the ongoing crisis at the southern border.”
Thousands of people may be affected by this order. According to the states’ legal challenge, 255,000 babies were born to undocumented mothers in the U.S. in 2022.
According to the AP News Agency, personal testimony from the state attorney general himself will be presented in the broader legal action against the Trump administration. William Tong, who represents Connecticut and is a natural-born U.S. citizen, told the AP that the matter was personal, adding: “There is no legitimate legal debate on this question.”
Without a direct amendment to the U.S. Constitution — which requires a two-thirds vote in both houses of Congress, as well as approval by the U.S. states — experts say the issue will ultimately be decided by the courts.
Thursday’s court hearing will be presided over by Judge John Cognore, who has served on Washington’s Western District Court since 1981 when he was appointed by then-President Ronald Reagan.
Trump’s birthright citizenship order is also facing a legal challenge from the American Civil Liberties Union (ACLU).
