Golden State Today

California Attorney General Rob Bonta has initiated legal action against the Trump Administration, challenging an executive order aimed at ending birthright citizenship. The lawsuit, filed in San Francisco, argues that the order is unconstitutional under the Fourteenth Amendment and Section 1401 of the Immigration and Nationality Act. Eighteen state attorneys general, led by California, New Jersey, and Massachusetts, are participating in this legal challenge.

Attorney General Bonta emphasized the historical significance of birthright citizenship: “The President’s executive order attempting to rescind birthright citizenship is blatantly unconstitutional and quite frankly, un-American.” He referred to Wong Kim Ark's case from 1898 as a precedent where the U.S. Supreme Court upheld the right to citizenship for those born on U.S. soil.

The contested executive order was issued shortly after President Trump took office. It directs federal agencies to deny citizenship rights to American-born children whose parents are not lawful residents. This includes instructions for the Social Security Administration and Department of State to stop issuing social security numbers and passports to these children.

If implemented, the order could impact tens of thousands of children born each year by stripping them of their rights as citizens. This would affect their ability to participate fully in society, including losing eligibility for federal benefits programs and fundamental rights such as voting.

The attorneys general argue that this order poses a direct threat not only to individuals but also to states like California which could lose federal funding tied to programs based on citizenship status. The states would face significant administrative challenges adapting their systems before February 19 when the order is set to take effect.

In response, they are seeking a nationwide preliminary injunction to prevent these potential consequences. Attorney General Bonta is joined by counterparts from New Jersey, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina Rhode Island Vermont Wisconsin along with San Francisco city officials.