A federal judge in Boston is set to review a request from 18 state attorneys general seeking to halt President Donald Trump's executive order that would end birthright citizenship for children of undocumented parents in the U.S. The hearing follows a similar ruling by a federal judge in Seattle who blocked the order and criticized the administration's handling of the Constitution.
In the Boston case, the state attorneys general, along with San Francisco and Washington, are urging Judge Leo Sorokin to issue a preliminary injunction against the order. They argue that birthright citizenship is a constitutional principle and that Trump lacks the authority to make such a change through an executive order.
The attorneys also contend that the order would have financial implications for states, impacting funding for essential services such as foster care, healthcare for low-income children, and interventions for children with disabilities.
Central to the legal battle are interpretations of the 14th Amendment, which was ratified in 1868 after the Civil War. The Trump administration asserts that children of noncitizens are not under U.S. jurisdiction and therefore not entitled to citizenship, while the states argue that historical legal precedents support birthright citizenship for children born on U.S. soil.
The U.S. is one of approximately 30 countries worldwide that adhere to the principle of birthright citizenship, also known as jus soli or 'right of the soil.' Notable exceptions to this rule include children of diplomats, enemies during hostile occupation, and those born on foreign ships.
The outcome of the legal battle will have significant implications for the interpretation of citizenship rights in the United States and could impact the lives of hundreds of thousands of American-born children.
