Attorney General James Urges U.S. Supreme Court to Reject Unprecedented Attack on Birthright Citizenship

NEW YORK – New York Attorney General Letitia James today joined a coalition of 23 other attorneys general and the City and County of San Francisco in urging the United States Supreme Court to reaffirm that birthright citizenship is a constitutional guarantee that a president cannot undo by executive order. In an amicus brief filed today, the coalition calls on the Court to strike down the president’s unlawful executive order seeking to dismantle longstanding birthright citizenship protections, arguing it violates the U.S. Constitution and would cause sweeping harm to states and families nationwide.  

“For more than 150 years, the Constitution has guaranteed that if you are born in the United States, you are a citizen of the United States,” said Attorney General James. “Since his first day back in office, the president has sought to contort the law and deny some children that right. The president cannot override our Constitution with the stroke of his Sharpie. We are urging the Court to uphold the rule of law and protect the fundamental rights of every child born in our country.” 

In their brief, Attorney General James and the coalition emphasize that the Fourteenth Amendment guarantees citizenship to all people born in the United States and subject to its jurisdiction, with only narrow and well-established exceptions, such as for the children of foreign diplomats. The Supreme Court confirmed this principle more than a century ago, holding that children born on American soil are citizens regardless of their parents’ immigration status. The coalition argues that by attempting to limit that guarantee through executive action, the president and his administration are violating both the Constitution and the Immigration and Nationality Act (INA), which codifies birthright citizenship into federal law. 

Attorney General James and the coalition warn that allowing the order to stand would be profoundly harmful. Cutting off automatic citizenship for children born in the United States would strip citizenship from hundreds of thousands of newborns each year. With their status unclear or redefined, families would be left in legal limbo, and children would be needlessly exposed to statelessness or even immigration enforcement operations. The coalition argues that denying citizenship would undermine children’s access to education, health care, and economic opportunity, and create lasting instability for families and communities. 

The coalition also highlights the chaos the order would bring to critical state support systems. If the order were to take effect, states would lose millions of dollars in federal funding tied to citizenship or lawful status for programs such as Medicaid, the Children’s Health Insurance Program (CHIP), special education services, and child welfare programs. States would also face significant administrative burdens as they are forced to overhaul eligibility systems and verify the immigration status of parents for newborn children for the first time. 

Attorney General James and the coalition argue that birthright citizenship is a constitutional guarantee that has been respected by every branch of government for more than a century. Limiting that right by unilateral executive action would undermine the Constitution, disrupt states’ sovereign interests, and weaken protections that generations of Americans have relied upon. As the Court prepares to hear arguments on the constitutionality of the executive order, the coalition is urging the justices to reject the president’s unlawful attempt to rewrite the Fourteenth Amendment. 

Attorney General James and 18 other attorneys general filed a lawsuit on January 21, 2025 challenging the president’s unconstitutional birthright citizenship executive order. The coalition secured a preliminary injunction, which was later upheld after a ruling from the Court. Today’s amicus brief is being filed in Trump v. Barbara, a separate case challenging the legality of the birthright citizenship order. 

Joining Attorney General James in filing this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia, as well as the City and County of San Francisco.