Key Takeaways
• A federal judge paused Trump’s executive order targeting birthright citizenship on February 13, 2025, after states sued.
• Coalition of over 20 states argues the order violates the 14th Amendment and US Immigration and Nationality Act.
• If enacted, up to 4.7 million could become stateless by 2050; children born in the US risk losing citizenship.
Attorney General Nick Brown took a clear stand for birthright citizenship on January 21, 2025. He did not act alone. He joined with attorneys general from many states, leading a legal fight to protect this right after President Trump issued an executive order the day before, on January 20, aiming to stop birthright citizenship in the United States 🇺🇸. This move by President Trump quickly sparked action from several states and cities who saw the order as a direct attack on long-standing principles of U.S. law.
How the Legal Challenge Began
Right after the executive order came out, Attorney General Brown announced that Washington would not stand by quietly. By leading a federal lawsuit, Washington and a group of other states wanted to stop the order from taking effect. This legal challenge was filed in the U.S. District Court for the Western District of Washington. Other members of the lawsuit included Arizona, Oregon, and Illinois.
Their argument was plain: The president does not have the power to take away birthright citizenship with an executive order. The attorneys general explained that doing so would break the 14th Amendment of the U.S. Constitution, which lays out rules about who is and who is not a citizen in clear words. They also pointed out that this order goes against the U.S. Immigration and Nationality Act, which provides the federal rules for citizenship.
The coalition’s main points were:
– The executive order violates the Constitution.
– It goes against existing immigration law.
– Only the Constitution — not the president — decides who should be granted citizenship at birth.
Their lawsuit asked for the federal court to block the order, at least until a final decision could be made.
Early Victory: The Judge’s Ruling
Not long after the lawsuit began, the coalition won an early victory. On February 13, 2025, a federal judge placed a preliminary injunction on President Trump’s executive order. Simply put, this means the judge stopped the order from being put in place right away. The judge made it clear that until a final decision is reached in court, the rule change cannot start.
The early ruling was very important because it kept the executive order from starting a chain reaction that could have instantly changed the lives of thousands of Americans. This ruling brought a sense of relief to many immigrant families, at least for now.
The Importance of Birthright Citizenship
Birthright citizenship is a simple but powerful rule: If a baby is born in the United States 🇺🇸, that child is an American citizen, no matter where the parents were born or what their status is. This principle goes directly back to the 14th Amendment to the Constitution.
The exact words are this: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” These words were written into law more than 127 years ago, and the Supreme Court has stood by them in many important cases. This history means the right to be an American citizen by birth has deep roots.
As reported by VisaVerge.com, the attorneys general rely on these well-known rules and Supreme Court decisions to defend birthright citizenship. They argue that any change must go through Congress and the difficult process needed to change the Constitution itself.
Who Makes Up the Coalition?
This legal team fighting for birthright citizenship is large and broad. It shows that states and cities across the U.S. 🇺🇸 see this issue as important and urgent. Here are the current members of the coalition:
- Washington, led by Attorney General Nick Brown
- Oregon
- Arizona
- Illinois
- Maryland, led by Attorney General Anthony G. Brown
- California
- New York
- Colorado (Attorney General Phil Weiser)
- Connecticut
- Delaware
- Hawaii
- Maine
- Massachusetts
- Michigan
- Minnesota
- Nevada
- New Jersey
- New Mexico
- North Carolina
- Rhode Island
- Vermont
- Wisconsin
- The District of Columbia
- The City and County of San Francisco
This group shows a rare mix of states and cities from different regions, all working together against the executive order. They share a belief in protecting the rights of children born in the United States 🇺🇸, no matter who their parents are.
What Could Happen if the Executive Order Takes Effect?
If the court supports President Trump’s executive order, the changes will be large and reach into many parts of American life. Let’s look at some possible effects, based on the coalition’s arguments and reports:
- Thousands of children born in the United States 🇺🇸 would immediately lose their right to be American citizens. These include babies whose parents are immigrants, no matter their legal status.
- The Migration Policy Institute estimates that the number of people living in the U.S. 🇺🇸 without any legal papers could grow by about 4.7 million by the year 2050, all because of this one rule change.
- Many children might not belong to any country at all. This means they would become “stateless.” Without any official country, these children could have trouble getting education, health care, or even being part of any national programs.
States, too, would quickly run into big costs. Many government programs depend on knowing who is and who is not a citizen. Taking away birthright citizenship would mean states would have to change how they check for citizenship, which could cost millions of dollars.
For individuals, the problems would be even greater:
– Those losing citizenship would no longer get a Social Security number — needed for many daily things.
– These people would lose access to federal programs, could not get a U.S. 🇺🇸 passport, and could not get legal jobs.
– Voting rights, which come only with citizenship, would be lost.
– The loss of citizenship papers would make it hard — almost impossible — to travel, open a bank account, or even get a driver’s license or ID in many states.
What’s at the Heart of the Legal Argument?
The coalition says the Constitution is clear — President Trump cannot change its meaning by using an executive order. According to their lawsuit, only Congress has the power to make changes about how citizenship is granted at birth. The attorneys general point to the 14th Amendment and to Supreme Court cases that have already confirmed this view.
They argue that executive orders are meant to carry out existing laws, not to create new rules that go against the Constitution itself. The U.S. Immigration and Nationality Act also supports birthright citizenship, following what the Constitution says.
Federal judges often look at past decisions and the clear words in the Constitution. Here, the coalition hopes the judge will see the threat posed by the executive order and make a final order blocking it — not just temporarily, but for good.
What Are States and Cities Saying?
Many officials spoke out strongly after President Trump’s order came out. Attorney General Brown said that the coalition 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.”
This statement matched the anger and worry shared by other coalition members and city leaders, many of whom called the executive order unfair and unconstitutional. They warned of chaos in families and communities, and pointed to the high cost and confusion for local governments.
Others expressed concern that ending birthright citizenship would split up families and leave children feeling unwelcome in their own birthplace.
How Has Birthright Citizenship Worked in the Past?
For more than a century, the U.S. 🇺🇸 has followed “jus soli,” a Latin term meaning “right of the soil.” This means anyone born in the country, except for a few groups like children of foreign diplomats, automatically becomes a citizen. This principle is part of why many people come to the United States 🇺🇸 — because it promises a fresh start and clear rules.
Since the Supreme Court’s decision in United States v. Wong Kim Ark (1898), the law has made clear that birthright citizenship does not depend on a child’s parents’ immigration status. The court has reaffirmed this rule in later cases, making it a bedrock part of American law.
These long-standing rules encourage stability. They make administration easier for federal and state officials, because they can rely on a simple rule: Where the child is born decides citizenship.
Possible Next Steps
The battle over the executive order is far from finished. The court process will likely take months — or even years. If the courts rule that President Trump’s executive order is not valid, it will send a message that such orders cannot undo parts of the Constitution. If the order is upheld, it could reshape what it means to be American.
While the coalition won a temporary stop of the order, they still have to prove their case in court. The preliminary injunction just puts things on pause; it is not a final answer. All sides — attorneys general, affected families, and the federal government — will be watching future court hearings closely.
Broader Impact and Public Concern
People across the country watched this executive order closely because it touches so many lives. If birthright citizenship ends, families might worry about their children’s future. Schools, hospitals, and social service agencies would have to figure out new rules for who can get which benefits.
Economic effects could spread as well. Many industries depend on a mix of workers, including those born to immigrant families. If millions lose their legal status, the workforce could shrink, and businesses could face a lot of new hiring challenges.
What Stakeholders Should Do
For those worried about these changes, there are steps you can take:
- Stay informed about what happens in court hearings.
- Collect documents showing your child’s place of birth and your family’s history in the United States 🇺🇸.
- Contact local legal aid groups for updates and help if needed.
- Schools and hospitals can prepare staff to answer questions about changes if the executive order survives.
For official updates or to learn more about the current eligibility for U.S. citizenship by birth, you can visit the U.S. Citizenship and Immigration Services’ page on children and citizenship. This site has the most up-to-date information on requirements and forms, which can be helpful for both families and legal professionals.
In Summary
Attorney General Brown and the coalition’s lawsuit over birthright citizenship stands at the front of a major debate about who is — and who is not — an American. Their early success in winning a temporary halt shows how strongly judges and the public feel about following the Constitution’s clear rules. Still, the story is far from over. If the courts side with the coalition, birthright citizenship will remain protected for all children born in the United States 🇺🇸, making sure the country keeps its long promise to new generations. If not, millions may face a very different future — one filled with uncertainty and new questions about what it means to belong in the country.
As the courts consider this case, all eyes are on what happens next — and whether the definition of who gets to be an American will be changed for the first time in more than a hundred years. The outcome will shape not just the law, but the lives of millions for generations.
Learn Today
Birthright Citizenship → A right guaranteeing that any child born in the United States automatically becomes a U.S. citizen, regardless of parents’ status.
Executive Order → A directive from the President that manages operations of the federal government and can have the force of law.
14th Amendment → A part of the U.S. Constitution that guarantees citizenship to anyone born or naturalized in the United States.
Preliminary Injunction → A temporary court order stopping an action until the court makes a final decision in the case.
Stateless → A situation where a person is not legally recognized as a citizen by any country, affecting access to rights and services.
This Article in a Nutshell
A coalition of states led by Attorney General Brown quickly challenged President Trump’s executive order restricting birthright citizenship. Their court victory—a preliminary injunction—halted the order, safeguarding countless children’s citizenship. The legal battle proceeds, with enormous implications: millions face uncertainty, and America’s promise of automatic citizenship for all births hangs in the balance.
— By VisaVerge.com
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