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Published on January 22, 2025
State AGs Battle Trump's 'Unconstitutional' Birthright Citizenship Curb in U.S. District CourtSource: Facebook/Attorney General Kris Mayes

Attorney General Kris Mayes announced a lawsuit against what she and fellow attorneys general argue is an unconstitutional move by President Trump to end birthright citizenship. "No executive order can supersede the United States Constitution and over 150 years of settled law," Mayes stated, according to a press release. She's joined the legal challenge by Washington, Oregon, and Illinois, filing the complaint in the U.S. District Court for the Western District of Washington.

The filing centers around interpreting the 14th Amendment and the Immigration and Nationality Act, asserting citizenship for those "born or naturalized in the United States, and subject to the jurisdiction thereof," as stated by the Arizona Attorney General's Office.  The lawsuit outlines the president's overreach in authority, suggesting the executive order in question could strip countless born in Arizona—and across the U.S.—of their constitutional rights. The legal action aims to prevent federal agencies from implementing this directive.

Should the order be permitted, consequences would be far-reaching, affecting individuals' abilities to participate in essential aspects of American life, from voting and travel to seeking employment and accessing federal programs. Mayes emphasized the damaging effect the order would have on vulnerable community members. "Birthright citizenship has allowed America to become the vibrant and dynamic home to families from all corners of this planet," Mayes continued, as per the Arizona Attorney General's Office, highlighting the essential role of this principle in shaping the nation.

The historical context of birthright citizenship dates back to the post-Civil War era, notably formalized in the 14th Amendment. This established citizenship for anyone born in the U.S., a principle later upheld by the Supreme Court in United States v. Wong Kim Ark in 1898. Here, the court affirmed that citizenship "by birth is established by the mere fact of birth under the circumstances defined in the Constitution," an interpretation that has been endorsed by successive U.S. administrations the Arizona Attorney General's Office noted.