Coalition led by Massachusetts AG files Supreme Court brief defending birthright citizenship

Andrea Joy Campbell Attorney General at  Massachusetts
Andrea Joy Campbell Attorney General at Massachusetts
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Massachusetts Attorney General Andrea Joy Campbell has co-led a coalition of 24 attorneys general and the city of San Francisco in submitting an amicus brief to the U.S. Supreme Court. The brief defends birthright citizenship, challenging an executive order issued by President Trump on his first day in office in 2025 that sought to end birthright citizenship for children born in the United States to immigrant parents.

The coalition, which includes 19 other attorneys general and San Francisco, had previously filed a lawsuit against the executive order and secured a nationwide preliminary injunction preventing it from taking effect while legal proceedings continue.

The Supreme Court is currently reviewing the legality of the executive order as part of a case brought by children who would be affected by its implementation. In their brief, AG Campbell and her colleagues argue that the order violates both the Fourteenth Amendment of the U.S. Constitution and federal law, specifically citing historical precedent and congressional actions that have repeatedly affirmed birthright citizenship.

“For more than a year, we’ve been fighting to protect the constitutional rights of babies born in Massachusetts and across the country from the Trump Administration’s blatantly unlawful Order that would rip away their right to citizenship,” said AG Campbell. “Courts have ruled again and again that President Trump does not have the authority to rewrite the Constitution, and I will continue to stand up for the rule of law and for American children across the country whose fundamental rights are being attacked by this Administration.”

The brief outlines potential consequences if the executive order is upheld. It states that thousands of babies born each year could lose their citizenship status for the first time since adoption of the Fourteenth Amendment in 1868. These children could face loss of basic rights, risk deportation, become stateless, or lose access to federal services such as Social Security numbers, lawful employment opportunities as adults, voting rights, jury service eligibility, and candidacy for certain public offices.

Additionally, states could experience financial impacts due to changes in federal funding tied to programs like Medicaid, Children’s Health Insurance Program (CHIP), foster care, and adoption assistance—all dependent on residents’ citizenship status. The coalition argues that implementing these changes would require significant administrative adjustments at considerable cost.

Attorneys general from California, Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, New Jersey, North Carolina, Oregon, Rhode Island, Vermont Virginia Washington Wisconsin joined Massachusetts along with San Francisco in filing this amicus brief.



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