
NJ sues Trump over ‘unconstitutional’ order to end birthright citizenship
🔷 U.S. Constitution defines birthright citizenship
🔷Trump signs order to narrow 14th amendment
🔷NJ leads lawsuit over ‘unconstitutional’ order
NEWARK — New Jersey Attorney General Matthew Platkin has announced he is leading a challenge to President Donald Trump’s “clearly unlawful and unconstitutional” executive order to end birthright citizenship for children born in the United States.
Among a series of executive orders issued on his first day back in office, Trump signed one to end birthright citizenship.
The 14th Amendment grants citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provides all citizens with “equal protection under the laws.”
It was passed by the U.S. Senate on June 8, 1866, and ratified on July 9, 1868.
“For more than 150 years, our country has followed the same basic rule: babies who are born in this country are American citizens. New Jersey is a proud state of immigrants, and we benefit tremendously from the contributions of birthright citizens — in our state and across the country,” Platkin said during a news conference from Newark on Tuesday.
“Presidents in this country have broad powers, but they are not kings."
The executive order signed by Trump on Monday said that people born in the U.S. are not citizens if:
“1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth or
(2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”
The order also said its designations would “apply only to persons who are born within the United States after 30 days from the date of this order."
New Jersey was among 18 states, as well as the District of Columbia and the city of San Francisco, seeking to prevent the order from taking effect.
States joining the filing were California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Rhode Island, Vermont, and Wisconsin.
The American Civil Liberties Union also challenged the executive order on Monday night.
ACLU of New Jersey Executive Director Amol Sinha said they were grateful that New Jersey is leading the multistate lawsuit.
“The Trump administration’s executive order that attempts to strip citizenship from certain children born in the United States does not have the power to override the Constitution. The 14th Amendment guarantees that every child born in the United States is a citizen regardless of race, color, or ancestry – and that right is fundamental to the promise of our nation," Sinha said in a written statement.
“It’s clear that New Jersey will not be intimidated by authoritarianism. Instead, our state will lead by example in defending civil rights and liberties for all who call it home."
States prepped for "illegal actions"
In order to amend the Constitution, both chambers of Congress would have to pass the amendment with a two-thirds majority.
A proposed amendment becomes part of the Constitution only if it is ratified by three-fourths of the U.S. states (38 of 50 states).
Platkin said that state attorneys general have been preparing for weeks for “illegal actions like this one.”
Report a correction 👈 | 👉 Contact our newsroom
How N.J. voted in the 2024 presidential election
Gallery Credit: New Jersey 101.5
These NJ school districts have full day pre-K
Gallery Credit: Erin Vogt
More From New Jersey 101.5 FM








