California files lawsuit over Trump’s birthright citizenship executive order 

President Donald Trump wants to bar children of parents who are in the United States unlawfully from being granted birthright citizenship. Nearly 20 states are taking Trump to court.

California has filed a lawsuit against President Donald Trump over his executive order to end birthright citizenship for children of illegal immigrants. 

The lawsuit was filed on Tuesday, Trump’s second day in office. 

Driving the news: Trump signed an executive order arguing that the Fourteenth Amendment has never been interpreted to offer birthright citizenship to everyone  born in the United States. 

  • Under Trump’s order, children whose mothers are unlawfully present in the U.S. and whose fathers are not a citizen or lawful permanent resident will not be given citizenship. The order also bars birthright citizenship from children whose mothers are in the country legally but temporary and whose fathers are not a citizen or lawful permanent resident. 

The big picture: California Attorney General Rob Bonta announced Tuesday that the state is leading 17 other states in suing the Trump administration over the executive order, arguing that it violates the Fourteenth Amendment. 

  • Bonta pointed to the 1998 Supreme Court case brought by Chinese-American Wong Kim Ark, who was denied re-entry rights after leaving the country. The Supreme Court ruled that children born in the United States could not be denied citizenship. 

Zoom in: The California Department of Justice said Tuesday that California would be at risk of losing federal funding for programs such as Medicaid and the Children’s Health Insurance Program if Trump’s executive order is allowed to stand. 

  • Around 24,500 children are born in California every year to people who are in the United States unlawfully. 

What we’re watching: Trump’s executive order is scheduled to take effect on Feb. 19. 

  • Bonta is seeking a preliminary injunction on the order to prevent it from being enacted next month while it is dealt with in court. 

What they’re saying: “The President’s executive order attempting to rescind birthright citizenship is blatantly unconstitutional and quite frankly, un-American,”Bonta said in a statement. “As home of Wong Kim Ark, a San Francisco native who fought – successfully – to have his U.S. citizenship recognized, California condemns the President’s attempts to erase history and ignore 125 years of Supreme Court precedent.”  

  • Bonta added, “The President has overstepped his authority by a mile with this order, and we will hold him accountable.”
  • California Gov. Gavin Newsom issued a brief statement on Monday after Trump signed the order, saying, “This is unconstitutional.” 
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