Illinois Attorney General Kwame Raoul, along with attorneys general from Arizona, Oregon, and Washington, has filed a lawsuit against former President Donald Trump to challenge his executive order ending birthright citizenship for children born in the U.S. to immigrant parents without legal status. The lawsuit, filed in Washington state’s Western District, argues that the order violates the 14th Amendment and federal laws like the Immigration and Nationality Act, which defines who qualifies for U.S. citizenship.
Additionally, 18 other states have filed a similar lawsuit in federal court in Massachusetts. These legal challenges aim to prevent the executive order from taking effect on February 19, as planned. The lawsuits seek to invalidate the order and stop any actions to implement it through temporary restraining orders and preliminary injunctions.
Trump’s executive order targets children born to parents without legal status, as well as those born to parents in the U.S. on temporary visas. It directs federal agencies to stop recognizing their citizenship. The lawsuits argue that denying birthright citizenship will harm thousands of children who, under the Constitution, are entitled to U.S. citizenship and its benefits.
In Illinois alone, there were about 9,100 children born in 2022 to mothers without legal status and 5,200 children born to parents who both lacked legal status. These children would lose access to citizenship benefits, impacting their ability to fully participate in American society.
The lawsuit also highlights how ending birthright citizenship would cost states federal funding for programs like Medicaid, the Children’s Health Insurance Program (CHIP), and foster care assistance. These programs rely on immigration status, and the loss of federal funds would significantly strain state resources.
Raoul, himself the son of Haitian immigrants, called Trump’s actions “disappointing but not surprising.” He emphasized the importance of protecting the rights of children born in the U.S., noting that the Constitution and the Supreme Court have long upheld birthright citizenship. Illinois Governor JB Pritzker also criticized the executive order, calling it unconstitutional and pledging to follow the law.
Trump’s executive order named several acting federal officials as defendants, including the Secretaries of State, Homeland Security, Health and Human Services, and Agriculture. Among other actions, Trump also issued executive orders to withdraw from the Paris climate agreement and pardon individuals involved in the January 6 Capitol riots.
