Supreme Court Case on Birthright Citizenship Raises Serious Legal Concerns

Attorney General Anthony G. Brown, joined by a coalition of state attorneys general, is actively engaging in a Supreme Court case against President Trump's 2025 executive order aimed at ending birthright citizenship for children of immigrant parents in the U.S. The coalition argues that this order contravenes the Fourteenth Amendment and Section 1401 of the Immigration and Nationality Act, leading to preliminary injunctions blocking implementation. This matter, centered on Barbara v. Trump, involves a class action representing children potentially impacted by the order.

The coalition of 24 state attorneys general, through a detailed brief, emphasizes that the executive order conflicts with constitutional and established legal precedents. They highlight potential negative impacts on states and residents if the order is upheld. Attorney General Brown points out that birthright citizenship, a fundamental right underpinning U.S. identity for over 150 years, is at risk. Recognized through post-Civil War amendments and codified by Congress in 1940 and 1952, this right's stability is questioned by the order, which could revoke citizenship from many newborns annually.

If enacted, the executive order threatens to strip numerous newborns of access to essential federal services, work authorizations, and civic rights like voting. This poses a substantial risk to states, potentially burdening them with operational and financial challenges, such as adapting benefits programs and handling losses in federal funding linked to citizenship status. The coalition's filing warns of the broader implications, suggesting an eventual challenge to the citizenship status of countless Americans. Attorney General Brown, joined by colleagues from New Jersey, Washington, Massachusetts, and the city of San Francisco, contests the order's legality, underscoring its national importance.