RALEIGH, NC – North Carolina’s newly elected Democratic Attorney General, Jeff Jackson, has joined a legal battle against former President Donald Trump’s executive order, which aims to end automatic birthright citizenship for certain children born in the United States.
Jackson, along with attorneys general from 17 other Democratic-led states, filed a lawsuit in the U.S. District Court for Massachusetts. The city and county of San Francisco have also joined the case, challenging Trump’s decision.
Why Is This Lawsuit Happening?
The lawsuit argues that Trump’s executive order violates the Fourteenth Amendment of the U.S. Constitution. This amendment guarantees citizenship to anyone born on American soil, regardless of their parents’ immigration status.
“This executive order is a clear violation of the Constitution, which has guaranteed birthright citizenship for more than a century,” Jackson stated in a press release. “The Supreme Court has upheld this right, and we will fight to ensure it remains intact.”
What Does Trump’s Executive Order Say?
Titled “Protecting the Meaning and Value of American Citizenship,” the executive order reinterprets the Fourteenth Amendment. It claims that citizenship is not automatically granted to everyone born in the U.S. under current laws.
Under the new order, babies born in the U.S. will not receive automatic citizenship if:
Their mother was in the U.S. illegally or on a temporary visa (such as a student or tourist visa).
Their father was not a U.S. citizen or a legal permanent resident.
The order, set to take effect 30 days after January 20, 2025, directs government agencies to stop issuing birthright citizenship documents to children meeting these criteria. However, children of legal permanent residents and those born before the order was signed will not be affected.
The Response from Democrats and Civil Rights Groups
Attorney General Jackson strongly opposes the order, stating that the U.S. Constitution does not allow for executive reinterpretation of citizenship laws.
“The Constitution is clear: If you are born in the United States, you are a U.S. citizen. This executive order creates unnecessary legal confusion and denies fundamental rights to children,” he said.
In addition to Jackson and his fellow attorneys general, civil rights groups like the American Civil Liberties Union (ACLU) are also taking legal action. On January 20, the ACLU filed a lawsuit demanding an immediate injunction to block the order.
ACLU Executive Director Anthony Romero criticized the order, calling it unconstitutional and against American values.
“Denying citizenship to U.S.-born children is not just illegal; it’s cruel. Birthright citizenship has helped shape America into the diverse and thriving nation it is today,” Romero said. “This policy would create a permanent underclass of people who are born in the U.S. but denied basic rights. We won’t let that happen.”
More States Join the Legal Fight
Apart from the Massachusetts lawsuit, another group of Democratic attorneys general from Arizona, Illinois, Oregon, and Washington have filed a separate lawsuit in Seattle’s U.S. District Court, bringing the total number of states challenging Trump’s order to 22.
Several other organizations have also joined the lawsuit, including:
The Asian Law Caucus
The Legal Defense Fund
The League of United Latin American Citizens
Make the Road New York
New Hampshire Indonesian Community Support
These organizations represent families and communities that could be directly affected by the new policy.
What Happens Next?
Legal experts predict a long court battle over this executive order. The issue of birthright citizenship has been debated in the U.S. for years, and Trump has previously expressed his desire to challenge the current interpretation of the Fourteenth Amendment.
While the courts review the lawsuits, many legal scholars argue that the executive order is unlikely to hold up, given the clear language of the Constitution and previous Supreme Court rulings.
Jackson and the other attorneys general remain firm in their commitment to fight the order, ensuring that the fundamental rights of all U.S.-born children are protected.
“This isn’t just about one executive order,” Jackson said. “It’s about defending the rule of law and the principles that define our nation.”
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