AG Platkin Argues Against Trump Executive Order Ending Birthright Citizenship

New Jersey leads the 18-state coalition, DC, and San Francisco in the fight to preserve Fourteenth Amendment rights.

BOSTON – New Jersey Attorney General Matthew J. Platkin traveled to the U.S. District Court for the District of Massachusetts to argue for a preliminary injunction against an executive order issued by President Donald Trump that seeks to end birthright citizenship in violation of the Fourteenth Amendment. Joined by attorneys general from 18 other states, the District of Columbia, and the City of San Francisco, Platkin’s legal team maintains that the executive order would deny fundamental rights to hundreds of thousands of children born in the United States—including thousands in New Jersey—by stripping them of citizenship at birth.

“President Trump’s unconstitutional executive order to end birthright citizenship has instilled fear in families across New Jersey and our nation,” said Governor Phil Murphy. “I am proud that New Jersey is leading the fight to protect this basic right for our residents. We remain committed to doing what is necessary to uphold and defend our nation’s Constitution.”

Background on the Executive Order

On January 20, 2025, President Trump issued an order terminating birthright citizenship, contradicting both the Fourteenth Amendment and Section 1401 of the Immigration and Nationality Act. In response, the state-led coalition filed suit in Massachusetts federal court, urging the court to immediately enjoin the measure to avoid significant harm while litigation continues.

“We are in Boston today to fight for the rights of our residents and for the rule of law,” said Attorney General Platkin. “Presidents are not kings and they cannot rewrite the Constitution with the stroke of a pen. Birthright citizenship has been enshrined in our Constitution for 157 years, and we are here to make sure that no one tramples upon this fundamental right that is a core part of our identity as a nation.”

The Stakes for New Jersey and Nationwide

If allowed to take effect, the order would upend longstanding constitutional principles dating back to post-Civil War America, when the Fourteenth Amendment was adopted. Children born on U.S. soil, regardless of parental immigration status, have been recognized as American citizens—solidified by two U.S. Supreme Court decisions. Under the new order:

• New Jersey and other states would lose critical federal funding for programs like Medicaid, CHIP, and adoption assistance, which partly hinge on residents’ immigration status.
• Affected children would lose eligibility for a host of federal benefits and essential documents, such as Social Security numbers, and be forced to live under the threat of deportation.
• They would also lose their future right to vote, serve on juries, and run for certain offices, effectively barring them from fully participating in American civic life.

Constitutional and Practical Concerns

The coalition argues that Trump’s executive order amounts to an “unprecedented attack” on the birthright citizenship guaranteed by the Fourteenth Amendment since 1868. They contend the directive is:

• Unconstitutional, contradicting explicit text in the Fourteenth Amendment regarding citizenship by birth.
• Contrary to federal law, specifically the Immigration and Nationality Act, and Supreme Court precedent.
• Burdening states unexpectedly with sweeping administrative and financial costs to retool benefits programs and reclassify individuals who would no longer be recognized as citizens.

The Hearing in Boston

During the court proceeding, the coalition—led by New Jersey Solicitor General Jeremy Feigenbaum, Deputy Solicitor General Shankar Duraiswamy, and Deputy Attorneys General Viviana Hanley, Shefali Saxena, and Elizabeth Walsh—urged the federal judge to block the executive order immediately. By granting a preliminary injunction, the court would prevent widespread disruption to state-administered programs and irreparable harm to children suddenly deemed non-citizens.

The lawsuit involves the attorneys general of California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin, along with the District of Columbia and City of San Francisco. The coalition insists that, with millions potentially affected, urgent judicial intervention is necessary to safeguard Fourteenth Amendment protections.