Attorney General Aaron D. Ford | Nevada Attorney General Office
Attorney General Aaron D. Ford | Nevada Attorney General Office
Las Vegas, NV – Attorney General Ford has announced a legal challenge against President Donald Trump's executive order that seeks to end birthright citizenship. This action is being supported by 17 other states, the District of Columbia, and the City of San Francisco. AG Ford emphasized that the executive order violates constitutional rights guaranteed to individuals born in the United States.
"President Trump’s executive order is an unlawful action that would strip citizenship from a significant part of our country’s population, including thousands of babies born in Nevada," said AG Ford. He referenced the 1857 Supreme Court case Dred Scott v. Sanford, which denied birthright citizenship to Americans of African descent. In response to this decision, Congress passed the 14th Amendment post-Civil War to ensure citizenship for those born in the U.S. "Birthright citizenship has been adjudicated and decided. We cannot allow this unilateral attack on the constitutional rights of Americans to succeed," Ford added.
The executive order was issued on January 20 and is seen as violating both the 14th Amendment and Section 1401 of the Immigration and Nationality Act. The coalition led by AG Ford has filed a lawsuit in the U.S. District Court for the District of Massachusetts seeking to invalidate this order and prevent its implementation through a Temporary Restraining Order and a Preliminary Injunction.
AG Ford's filing highlights that birthright citizenship has historical roots dating back centuries, including pre-Civil War America. It notes that despite the Supreme Court's decision in Dred Scott, which denied birthright citizenship based on race, subsequent amendments were adopted to protect such rights.
The potential impact on individuals stripped of their U.S. citizenship includes losing basic rights and facing deportation threats. They could also lose access to Social Security numbers, lawful employment opportunities, voting rights, jury service eligibility, federal benefits programs participation, among others.
The filing also outlines potential harm to state residents and states themselves if this order takes effect. Federal funding for programs like Medicaid and CHIP could be lost due to changes required based on residents' immigration status. States may incur significant expenses modifying program operations without notice while bearing dramatic costs contrary to constitutional language and legal precedents.
States joining AG Ford include California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Rhode Island Vermont Wisconsin Washington D.C., along with San Francisco City.