Jan 21, 2025
SAN FRANCISCO (KRON) -- "The story of birthright citizenship is as San Francisco as they come," City Attorney David Chiu declared. On Tuesday, San Francisco and California Attorney General Rob Bonta filed a lawsuit to halt President Donald Trump's order on birthright citizenship. Trump took advantage of his first day back as President of the United States to issue an executive order that seeks to end the longstanding American immigration policy. The policy makes any child born in the U.S. an automatic citizen, even if their parents did not enter the country legally. Birthright citizenship stems from the 14th Amendment, which was ratified in 1868 and states, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." "The president overstepped his authority by a mile," Bonta said. If Trump succeeds in denying birthright citizenship for newborns, the move would impact more than 24,000 children who are born in California every year, Bonta said. Melania Trump and U.S. President Donald Trump arrive for services at St. John's Church as part of Inauguration ceremonies on January 20, 2025 in Washington, DC. (Photo by Scott Olson/Getty Images) "This is an attack on children. It's an attack on U.S. citizens. It's an attack on our foundational document," Bonta said. Birthright citizenship was upheld in a landmark 1898 U.S. Supreme Court case that centered on a San Francisco man, Wong Kim Ark. Ark was born in San Francisco to immigrant parents. In 1895, he was traveling from China back home when he was denied re-entry at the Port of San Francisco. Officials claimed he was not a citizen and he was subject to the Chinese Exclusion Act. Ark challenged his case all the way up to the U.S. Supreme Court. In a 6-2 decision, judges ruled in favor of Ark, finding that the Citizenship Clause of the 14th Amendment automatically made him a U.S. citizen, and thus, he could not be denied entry into his home country. President Donald Trump signs executive orders in the Oval Office on January 20, 2025. (Photo by Anna Moneymaker/Getty Images) If Trump's order succeeds in striking down a century-old legal precedent, it will cause "chaos and confusion" for families of newborns, according to San Francisco City Attorney Chiu. "Birthright citizenship is as clear cut as legal precedents come," Chiu said. "The Constitution’s guarantee of this right was affirmed in a 127-year-old Supreme Court case. As a San Franciscan born to immigrant parents, I am determined to ensure the next generation of Americans are not deprived of this constitutional right. It will sow confusion about the legal status of numerous newly-born American citizens." Constitution page on White House website shows 404 error The lawsuit names President Trump, the Department of Homeland Security, Secretary of State Marco Rubio, and the U.S. Social Security Administration as defendants. Trump’s order excludes the following people from automatic citizenship: those whose mothers were not legally in the United States and whose fathers were not U.S. citizens or lawful permanent residents; people whose mothers were in the country legally but on a temporary basis and whose fathers were not citizens or legal permanent residents. Vice President JD Vance, Barron Trump, President Donald Trump and Melania Trump are seen during the inauguration of President Donald Trump in Washington, D.C., on January 20, 2025. (Photo by Kenny Holston/The New York Times / AFP) It goes on to bar federal agencies from recognizing the citizenship of people in those categories. Trump’s order is set to take effect on Feb. 19. New Jersey Democratic Attorney General Matt Platkin joined the lawsuit. On Tuesday he said presidents might have broad authority but they are not kings. "The president cannot, with a stroke of a pen, write the 14th Amendment out of existence," Platkin said. Second Trump win represents a ‘new America,’ political experts say Connecticut Attorney General William Tong, a U.S. citizen by birthright, also joined the lawsuit and said it was personal for him. "The 14th Amendment says what it means, and it means what it says -- if you are born on American soil, you are an American. Period. Full stop," Tong said. By Tuesday afternoon, attorneys general from 22 states have joined the lawsuit. The Associated Press contributed to this report.
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