Attorney General Anne Lopez of Hawaiʻi, along with 18 other attorneys general, has initiated a legal challenge against President Donald Trump's executive order aimed at ending birthright citizenship. This action is being taken on the grounds that it violates constitutional rights guaranteed to all children born in the United States.
Attorney General Lopez emphasized the clarity of the Fourteenth Amendment: "The Fourteenth Amendment to the U.S. Constitution states in its first words that all persons born in the United States are citizens of this nation. These words could not be clearer." She affirmed her commitment to defending these principles as Attorney General of Hawaiʻi.
Special Assistant to the Attorney General Dave Day and Solicitor General Kalikoʻonālani Fernandes are leading Hawaiʻi's efforts. They stated, "Hawaiʻi is on the side of the Constitution and seeks only to enforce its plain words."
President Trump issued this executive order as part of his longstanding promise to end birthright citizenship, which opponents argue contradicts both the Fourteenth Amendment and Section 1401 of the Immigration and Nationality Act.
In response, Attorney General Lopez has filed a lawsuit in the U.S. District Court for the District of Massachusetts seeking to nullify this order and prevent any related actions from taking place. The suit requests immediate relief through a Temporary Restraining Order and a Preliminary Injunction.
The filing by Attorney General Lopez highlights that birthright citizenship has deep historical roots, dating back before the Civil War. It notes that despite past rulings like Dred Scott, which denied citizenship to descendants of slaves, post-Civil War America adopted the Fourteenth Amendment to safeguard this right for those born in America. Furthermore, it points out that Supreme Court decisions have consistently upheld birthright citizenship regardless of parental immigration status.
If enforced, this executive order would represent a significant departure from over 150 years of constitutional practice since 1868 when babies born in Hawaiʻi who would have been citizens could lose their citizenship privileges.
Those affected would face potential deportation threats and lose access to federal benefits programs. They would also be unable to obtain Social Security numbers or work legally as they age, nor would they have rights such as voting or serving on juries.
Beyond individual impacts, states argue that Trump's order would cause them financial harm by reducing federal funding for programs like Medicaid and foster care assistance—programs contingent on residents' immigration status—and necessitate costly administrative changes without notice.
Joining Hawaiʻi in challenging this order are California, Colorado, Connecticut, Delaware, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island Vermont Wisconsin along with Washington D.C., and San Francisco City & County.