California Attorney General Rob Bonta has responded to a recent U.S. Supreme Court decision that remands the consideration of a nationwide injunction back to lower courts. This legal action is part of a lawsuit involving California and other states challenging former President Donald Trump’s executive order, which sought to end birthright citizenship.
The executive order in question was signed shortly after Trump took office and aimed to unilaterally end birthright citizenship, which Attorney General Bonta argues violates the Fourteenth Amendment of the U.S. Constitution and Section 1401 of the Immigration and Nationality Act. In response, Bonta co-led a multistate coalition in suing Trump, asserting that the executive order should be blocked while litigation continues.
In its decision, the Supreme Court introduced a new standard for nationwide injunctions and has sent the matter back to lower courts for further consideration regarding the scope of such injunctions. The court’s decision also temporarily halts the implementation of Trump’s executive order for 30 days.
Attorney General Bonta stated: “The rights guaranteed by the U.S. Constitution belong to everyone in this country, not just those whose state attorneys general had the courage to stand up to this President’s anti-democratic agenda.” He expressed hope that lower courts will recognize that multiple injunctions could lead to administrative chaos and harm families across the nation.
Historically, America’s common law tradition has granted citizenship by birth on U.S. soil. Although this right was denied in Dred Scott’s case concerning descendants of enslaved people, it was later protected under the Fourteenth Amendment post-Civil War. The amendment’s Citizenship Clause guarantees citizenship for all born or naturalized in the United States.
The Supreme Court reinforced this right in 1898 with United States v. Wong Kim Ark, affirming that children born on U.S. soil cannot be denied citizenship regardless of their parents’ immigration status.
Trump’s executive order directed federal agencies like Social Security Administration and Department of State not to issue social security numbers or passports to American-born children whose parents are neither lawful permanent residents nor citizens.
If enacted, this order would affect tens of thousands of children annually by denying them basic rights as citizens, eligibility for federal benefits programs, lawful employment opportunities as they age, and participation in civic duties such as voting or jury service.
Moreover, states like California could face financial risks concerning federal funding tied to programs such as Medicaid due to changes necessitated by altered citizenship criteria under Trump’s directive.
A copy of the court’s opinion is available online.
___
