Illinois joins three other states in suing to stop Trump birthright citizenship order
Jan 21, 2025
Illinois Attorney General Kwame Raoul has joined three other attorneys general in suing President Donald Trump over the constitutionality of his Inauguration Day executive order that would end birthright citizenship for the children of immigrants without legal status. The suit was filed in the Western District of Washington state, along with attorneys general from Arizona, Oregon and Washington. Attorneys general in 18 other states also filed a similar lawsuit Tuesday in federal district court in Massachusetts.The suit claims Trump's executive order violates the 14th Amendment and the Immigration and Nationality Act, which specifies that the law does not empower the president to determine who should or should not be granted U.S. citizenship at birth. It also claims the executive order violates the Administrative Procedure Act.Trump's order would exclude citizenship for those whose parents were not in the U.S. legally, and people who were born to parents who were in the country legally but on a temporary basis. It would also bar federal agencies from recognizing citizenship for those people. Barring the legal challenges, it is scheduled to take effect Feb. 19.
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The suit seeks to invalidate the executive order and to enjoin any actions taken to implement it. The states are also requesting immediate relief through a temporary restraining order and a preliminary injunction to prevent the order from taking effect. In Illinois in 2022 alone, there were approximately 9,100 U.S. citizen children born to mothers who lacked legal status, and there were approximately 5,200 U.S. citizen children born to two parents who lacked legal status. "In short, despite the Constitution's guarantee of their citizenship, thousands of newborns and children will lose their ability to fully and fairly be a part of American society as a citizen with all its benefits and privileges," the suit states. The attorneys general write in the suit that if birthright citizenship ends, states will lose federal funding to programs, including Medicaid, the Children's Health Insurance Program and foster care and adoption assistance programs. All of those programs rely in part on immigration status, according to Raoul's office. Raoul, who is the son of Haitian immigrants, said Trump's flurry of executive orders, including one targeting birthright citizenship, was "incredibly disappointing, though not surprising." "The children born in the U.S. to immigrants are entitled to the rights and privileges that go along with U.S. citizenship,” Raoul said in a statement. “We need to discuss bipartisan commonsense immigration reforms, but denying birthright citizenship, which dates back centuries and has been upheld twice by the U.S. Supreme Court, is not the solution." Illinois Gov. JB Pritzker on Tuesday called the birthright citizenship executive order "unconstitutional," and vowed that Illinois "will follow the law." The suit lists Trump, Acting Secretary of Homeland Security Benjamine Huffman, Acting Commissioner of the Social Security Administration Michelle King, Secretary of State Marco Rubio, Acting Secretary of Health and Human Services Dorothy Fink, Acting Attorney General James McHenry and Acting Secretary of Agriculture Gary Washington as defendants. As promised, Trump issued dozens of executive orders Monday, including withdrawing the U.S. from the Paris climate accords, reinstating TikTok and pardoning more than 1,500 people for their role in the Jan. 6, 2021, attack on the U.S. Capitol.