Tuesday, October 14, 2025

California Files Lawsuit Over Trump’s Executive Order to End Birthright Citizenship

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California Files Lawsuit Over President Trump’s Executive Order to End Birthright Citizenship

Attorneys General File Lawsuit to Block Order

California Attorney General Rob Bonta, along with 18 other state attorneys general, filed a lawsuit against the Trump administration, challenging President Trump’s executive order to stop recognizing birthright citizenship of children born to parents who are not lawful residents.

Case Cites Historical Precedent

Bonta pointed to the case of Wong Kim Ark, a San Francisco-born son of Chinese immigrants, who sued all the way to the Supreme Court in 1898 when his citizenship was challenged when he tried to return home from a trip abroad. This case set a precedent for establishing birthright citizenship under the 14th Amendment.

California Condemns Trump’s Order

“California condemns the President’s attempts to erase history and ignore 125 years of Supreme Court precedent,” Bonta said in a statement. “We are asking a court to immediately block this order from taking effect and ensure that the rights of American-born children impacted by this order remain in effect while litigation proceeds. The president has overstepped his authority by a mile with this order, and we will hold him accountable.”

Impact on Federal Funding and State Residents

Trump’s order would end the policy of automatically granting citizenship to people born in the U.S., a move he promised to make on the campaign trail. The order would also cause several states to lose federal funding for programs like Medicaid and the Children’s Health Insurance Program, since the money received is based on the number of eligible recipients, according to Bonta. He also warned that Trump’s order could “cause irreparable harm to the states and their residents” by not allowing them to work legally, vote, and obtain passports and social security numbers.

Lawsuit Requests Preliminary Injunction

The lawsuit filing requested a preliminary injunction to prevent the executive order from taking immediate effect.

Conclusion

California’s lawsuit challenges President Trump’s executive order to end birthright citizenship, citing historical precedent and the potential harm it could cause to state residents. The lawsuit requests a preliminary injunction to block the order from taking effect, and the state will continue to hold the president accountable for his actions.

FAQs

Q: What is birthright citizenship?
A: Birthright citizenship is the policy of automatically granting citizenship to people born in the United States, regardless of their parents’ immigration status.

Q: What is the legal basis for birthright citizenship?
A: The legal basis for birthright citizenship is the 14th Amendment to the United States Constitution, which states that “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.”

Q: Why is California filing a lawsuit against President Trump’s executive order?
A: California is filing a lawsuit against President Trump’s executive order because it believes the order is unconstitutional and would cause irreparable harm to state residents.

Q: What are the potential consequences of the executive order?
A: The potential consequences of the executive order include the loss of federal funding for programs like Medicaid and the Children’s Health Insurance Program, as well as the denial of legal status, voting rights, and access to social security numbers and passports for certain individuals.

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