In a formidable challenge to President Trump's executive order aimed at ending birthright citizenship, a group of attorneys general from across the country, including California's own AG, has secured a preliminary injunction. This move effectively puts a pause on Trump's controversial order, as announced by Hawai‘i Attorney General Anne Lopez and her colleagues representing several states and the City of San Francisco. The statement issued by the coalition asserts, "President Trump may believe that he is above the law, but today's preliminary injunction sends a clear message: He is not a king, and he cannot rewrite the Constitution with the stroke of a pen," as reported by the Office of the Governor.
According to the legal documents, the federal judge's decision marks an important stand against an order that would have significant repercussions for American children nationwide. The team, led by Solicitor General Kalikoʻonālani Fernandes and Special Assistant to the AG Dave Day for the state of Hawai‘i, argued that the executive order breached the Fourteenth Amendment and the Immigration and Nationality Act. Judge Leo Sorokin granted the immediate relief requested by the states, preventing the president's order from taking effect.
Birthright citizenship has longstanding roots in U.S. history, established prior to the Civil War and further reinforced by the passage of the Fourteenth Amendment after the Dred Scott decision, which had denied citizenship to descendants of enslaved individuals. The coalition of attorneys general highlighted their resolve in their statement, "This is not yet over, and we will continue to fight every single step of the way until President Trump is permanently prevented from trampling on the Fourteenth Amendment rights of all Americans," according to the Governor's office.
The consequences of implementing the executive order, were substantial, impacting not just individuals but entire states. The loss of federal funding for crucial programs like Medicaid, the Children's Health Insurance Program, and more hinged on the immigration status of beneficiaries. The states contended that adapting their systems to comply with this order implied undue financial and administrative burdens, disrupting services critical to residents’ well-being. As the coalition's filings explain, the costs associated with modifying their operations would be an unnecessary strain while the case is being contested, given the clear conflict with constitutional and legal precedents.
President Trump’s attempt to overhaul a fundamental American principle — one that grants citizenship to those born on U.S. soil — has been met with resistance and a reassertion of constitutional values by the Attorneys General from California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont, Wisconsin, and entities like the District of Columbia and the City and County of San Francisco.
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