N.C. Attorney General Jeff Jackson joined 21 attorneys general Tuesday in filing lawsuits in two federal district courts to block President Donald Trump’s executive order ending birthright citizenship.
The proposed ban on birthright citizenship — which grants anyone born on U.S. soil citizen status — claims that children born to undocumented immigrants are not “subject to the jurisdiction” of the U.S. and thus do not qualify for such rights under the Fourteenth Amendment. The ban is set to take effect in 30 days, impacting children born on or after Feb. 19, 2025.
“As attorney general, my role is straightforward as well: to defend the Constitution,” Jackson said. “That’s why I’ve joined this lawsuit, to uphold the rule of law and preserve the rights that have defined our nation for generations.”
The plaintiffs, which include 22 states and two cities, allege that the order attempts to alter the Fourteenth Amendment’s guarantee of birthright citizenship, which neither the president nor Congress has the power to revise through an executive order, rule or federal law.
North Carolina joined 17 other states in a suit filed in Massachusetts, while a second lawsuit was filed in Washington. Both cases aim to secure a court order that would block the administration from implementing the policy.
The executive order further bars federal agencies from issuing documents that “recognize United States citizenship” for these children and from acknowledging any documents they may possess claiming citizenship.
Additionally, the action directly contradicts over a century of legal precedent, which has granted citizenship to all infants born in the U.S., regardless of their parents’ legal status. A few exceptions exist for children of foreign nationals or enemy occupiers. Native Americans, initially excluded from birthright citizenship, were later included by Congress in 1924.
According to the states, 150,000 children born each year could be denied citizenship as a result of the order.
“Children born after Feb. 19, 2025 — who would have been unquestionably deemed citizens had they been born two days ago — will lack any legal status in the eyes of the federal government,” the states wrote in their lawsuit. “They will all be deportable, and many will be stateless.”
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Winston Qian is a Pratt sophomore and health/science editor for the news department.