CA sues Trump administration over ‘birthright’ order

From CalMatters criminal justice reporter Nigel Duara:

Resistance state Round 2 officially began Tuesday when California filed its first lawsuit against the new Donald Trump administration.

Eighteen states, including California, filed a lawsuit in federal court, challenging an executive order by Trump that would revoke the right of guaranteed citizenship to anyone born in the country. 

• California Attorney General Rob Bonta, at a Tuesday press conference: “I am deeply disappointed that we’re here, and also not at all surprised. This isn’t some theoretical legal disagreement. It would strip Americans of their most basic rights.” 

Bonta and the other attorneys general are asking the court for an immediate injunction to stop the order from taking effect on Feb. 19 while they litigate the case in United States District Court for the District of Massachusetts. 

The attorneys general sued on grounds that the order violates the Fourteenth Amendment and the Immigration and Nationality Act by denying birthright citizenship to children born in the U.S.

“Under the order, such children born after February 19, 2025 — who would have been unquestionably deemed citizens had they been born two days ago — will lack any legal status in the eyes of the federal government,” the lawsuit asserts. “They will all be deportable, and many will be stateless. They will lose the ability to access myriad federal services that are available to their fellow Americans.”

The order would also affect how, and whether, states can provide health care to low-income children who would be denied citizenship, the lawsuit alleges. In California, that’s Medi-Cal, California’s Medicaid program and the federal Children’s Health Insurance Program.

The executive order asserts that undocumented people are not “subject to the jurisdiction” of the U.S., and therefore not protected by the Fourteenth Amendment. 

Daniel Farber, faculty director of UC Berkeley Law’s Center for Law, Energy, and the Environment, said the Trump administration’s argument likely faces long odds in court. 

• Farber: “I think there’s virtually no support among experts for the view that people who are born in the U.S. and whose parents aren’t lawfully in the country are somehow not subject to the jurisdiction of the United States.”

Lawsuit tracker: With Trump’s term underway, CalMatters is tracking the lawsuits California is filing against the administration. Check it out here.