by Karla Ciaglo
Attorney General William Tong talks about birthright citizenship and the lawsuit that Connecticut joined today to oppose President Donald Trump’s order ending the constitutionally-guaranteed right to citizenship for individuals norn here. Credit: Screengrab / CT-N
Connecticut has joined 17 other states, the District of Columbia, and the city of San Francisco in a lawsuit opposing President Donald Trump’s executive order that seeks to limit birthright citizenship.
Filed in a Massachusetts federal court, the lawsuit contends that the order violates the Fourteenth Amendment of the US Constitution and Section 1401 of the Immigration and Nationality Act, which guarantee citizenship to all individuals born on US soil.
The principle of birthright citizenship, enshrined in the Constitution since 1868, ensures that anyone born in the United States is a citizen, regardless of their parents’ immigration status. Connecticut Attorney General William Tong has strongly criticized the executive order, calling it a clear overreach.
For Tong, the fight is personal. Born in Hartford in 1973, he became the first US citizen in his immediate family by right of his birth on American soil. He was the first Asian American elected to state office in Connecticut history, and the first Chinese American to be elected Attorney General in the nation.
“If you are born on American soil, you are an American. Period. Full stop. There is no legitimate legal debate on this question,” Tong said.
The lawsuit highlights how Trump’s executive order, titled “Protecting the Meaning and Value of American Citizenship,” seeks to deny citizenship to children born in the US to parents who are either unlawfully present or temporarily residing in the country.
Additionally, it targets children whose fathers are neither US citizens nor lawful permanent residents. The plaintiffs argue that this policy contradicts both the Fourteenth Amendment and the Supreme Court’s 1898 decision in United States v. Wong Kim Ark. That landmark case confirmed citizenship for children born in the US to immigrant parents, solidifying the constitutional principle of jus soli or citizenship by birth on US soil.
Trump’s order, scheduled to take effect for children born after Feb. 19, 2025, attempts to bypass constitutional protections through executive action. Legal experts widely agree that the president lacks the authority to unilaterally alter the Constitution. Constitutional amendments require congressional approval and ratification by state legislatures, leaving no room for executive orders to redefine birthright citizenship. Critics of the order describe it as an unconstitutional overreach with severe consequences for families and communities.
In Connecticut alone, the order could affect about 7,400 babies born each year, according to Tong’s office. Children denied citizenship under this policy would lack legal status, making them deportable and, in many cases, stateless. They would lose access to essential federal services and the ability to participate fully in civic life, including working, voting, and running for public office.
The lawsuit also underscores the broader societal and economic implications of ending birthright citizenship. Advocates argue that this principle fosters inclusivity, strengthens immigrant families, and promotes civic engagement as well as economic contributions. Studies show that second-generation Americans often achieve higher levels of education and professional success than their parents, contributing significantly to the nation’s prosperity.
The American Civil Liberties Union also released a statement opposing the order.
“Denying citizenship to US-born children is not only unconstitutional – it’s also a reckless and ruthless repudiation of American values,” said Anthony D. Romero, executive director of the American Civil Liberties Union. “Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is. This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the US who are denied full rights as Americans. We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration’s overreach is so egregious that we are confident we will ultimately prevail.”
According to the lawsuit, for states like Connecticut, the stakes go beyond individual rights. The executive order threatens to disrupt federal funding for critical programs such as healthcare for low-income children, foster-care services, and early interventions for students with disabilities. States would face significant administrative and financial burdens in adjusting their systems to accommodate the changes, all without adequate notice or support.
The coalition of states, led by Massachusetts, is asking the court to declare the executive order unlawful and to block its implementation.
“The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute,” the complaint says.
It also warns of immediate and irreparable harm to states and their residents if the order is allowed to stand.
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