Michigan files lawsuit against President Trump’s controversial executive order denying birthright citizenship to children of non-citizen parents.
Attorney General Dana Nessel has joined a coalition of 20 states and local governments in a federal lawsuit challenging President Donald J. Trump’s executive order to end birthright citizenship for certain children born in the United States. The lawsuit, filed in the United States District Court for the District of Massachusetts, argues the order violates the Fourteenth Amendment and poses grave harm to Michigan residents.
Executive Order Sparks National Controversy
On his first day in office, President Trump issued an executive order declaring that children born in the United States to parents who are unlawfully present or lawfully present on a temporary basis are not entitled to automatic citizenship. Effective February 19, 2025, the order directs federal agencies to deny citizenship documents to these children, leaving them without legal status.
Legal experts and civil rights advocates have widely criticized the move. Attorney General Nessel described it as a “blatant violation of the Constitution,” emphasizing that the Fourteenth Amendment guarantees citizenship to all individuals born on U.S. soil and subject to its jurisdiction.
“This unprecedented attack on birthright citizenship will render thousands of children stateless,” Nessel said. “Michigan families and communities will face immediate and irreparable harm.”
Impact on Michigan Residents and Resources
Michigan, home to thousands of immigrant families, will bear significant social and economic costs if the order is implemented. According to the complaint, over 4,200 children born annually in Michigan could lose their citizenship. These children would be ineligible for federal services such as Social Security numbers, Medicaid, and educational benefits.
The lawsuit highlights potential financial repercussions for Michigan, which does not offer a state-funded health insurance program for undocumented children. Hospitals and clinics would likely absorb increased costs of uncompensated care, while state agencies face operational burdens to adjust eligibility systems for federal programs.
Additionally, the order’s implications extend to child welfare and education services. Michigan’s federally reimbursed Medicaid and special education programs would see significant funding cuts, shifting the financial burden onto state taxpayers.
Legal Arguments and Constitutional Framework
The coalition’s legal challenge centers on the Citizenship Clause of the Fourteenth Amendment, which unequivocally grants citizenship to all individuals born in the U.S. The lawsuit references the 1898 Supreme Court decision in United States v. Wong Kim Ark, which affirmed birthright citizenship regardless of parental status.
The complaint asserts that the executive order exceeds presidential authority, as neither the Constitution nor federal law allows the president to unilaterally alter citizenship criteria. “The Constitution removes control over the grant of citizenship from political pressures,” the lawsuit states.
Broader Implications and Response
If upheld, the order could create a generation of stateless individuals unable to access basic rights and services. Advocacy groups warn of long-term social disparities and legal battles for affected families.
Civil rights organizations and immigrant advocates have mobilized nationwide protests against the policy. The National Immigration Law Center has pledged support for the plaintiffs, calling the order “a draconian assault on American values.”
Meanwhile, the Biden administration’s Department of Justice is expected to issue an amicus brief opposing the order, marking a sharp divide in federal policies.
Related Developments
The lawsuit coincides with legislative efforts in Congress to safeguard birthright citizenship. Bills introduced by Michigan representatives aim to codify the Fourteenth Amendment’s protections and block future executive actions targeting citizenship rights.
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