A federal judge in Boston is considering a request to block President Donald Trump’s executive order that would end birthright citizenship for the children of parents who are not legally in the United States. Eighteen state attorneys, including Massachusetts Attorney General Andrea Joy Campbell, are leading the lawsuit that asks a federal judge to block Trump’s executive order nationwide. Judge Leo Sorokin heard arguments on the matter for about 90 minutes before taking it under advisement, telling the court he would issue a written opinion soon.
Following Friday’s hearing, AG Campbell told GBH News she believes the hearing went exceptionally well.
“We think the executive order on birthright citizenship is blatantly unconstitutional. This judge is thoughtful, cares deeply about the rule of law and doesn’t sound like he will issue an opinion today but we will continue to follow,” she said. “This case is substantial because it involves 19 AGs coming together on this birthright issue to make sure we not only get relief in one state, but we get relief across the country.”
According to the lawsuit filed by Campbell, more than 4,000 children born in Massachusetts in 2022, were born to two noncitizen parents who lacked legal status. The attorneys general all contend the 14th Amendment leaves no room for interpretation.
Federal judges in Maryland and Seattle have issued temporary injunctions on similar legal questions in other lawsuits, writing in their decisions that the Constitution can not be rewritten with an executive order. The Trump administration has asserted that children of noncitizens are not, “subject to the jurisdiction of the United States and therefore not entitled to citizenship.”
Prior to the court hearing, AG Campbell and attorneys general from Connecticut and New Jersey laid out their case at a joint news conference.
“Birthright citizenship in our country is a guarantee of equality, born out of a collective fight against oppression, slavery and its devastating harms. It is a settled right in our Constitution and recognized by the Supreme Court for more than a century,” said AG Campbell. “President Trump does not have the authority to take away constitutional rights, and we will fight against his effort to overturn our Constitution and punish innocent babies born in Massachusetts.”
The lawsuit was filed the day after President Trump signed the executive order that aimed to end birthright citizenship, in violation of the 14th Amendment and the Immigration and Nationality Act. They are asking the federal judge to prevent the president’s order from taking effect.
The U.S. is reportedly among about 30 countries where birthright citizenship based on where you are born is applied.
