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Wednesday, January 22, 2025

Coalition challenges executive order ending birthright citizenship

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Attorney General Josh Kaul | Attorney General Josh Kaul Office

Attorney General Josh Kaul | Attorney General Josh Kaul Office

Wisconsin Governor Tony Evers and Attorney General Josh Kaul have announced the state's participation in a multi-state coalition challenging a recent executive order. The order, issued by President Trump, seeks to end citizenship for certain children born in the United States, which the coalition argues violates constitutional rights.

Governor Evers stated, "Attempting to deny citizenship to kids who were born in the United States of America is as egregious and wrong-headed as it is unconstitutional." He emphasized the importance of defending constitutional rights for all children born on U.S. soil.

Attorney General Kaul reinforced this stance, saying, "The Constitution, federal law, and Supreme Court precedent all make clear that the children who would be impacted by this executive order are United States citizens." He described the attempt to deny them citizenship as a violation of the Constitution.

The coalition's legal action aims to stop the executive order from taking effect. Wisconsin and 19 other states and cities have filed suit in the U.S. District Court for the District of Massachusetts. They seek immediate relief through a Temporary Restraining Order and a Preliminary Injunction.

The lawsuit highlights that birthright citizenship has been protected since post-Civil War America with the adoption of the Fourteenth Amendment. The U.S. Supreme Court has upheld this right twice, irrespective of parents' immigration status.

Revoking citizenship would strip individuals of basic rights, leaving them vulnerable to deportation and ineligible for federal benefits programs. It would also impact their ability to work legally or participate fully in civic life.

Additionally, states could lose federal funding for programs like Medicaid due to changes based on residents' immigration status. The coalition argues that these burdens should not be imposed while their case proceeds since they believe the executive order clearly violates established laws and court decisions.

Joining Wisconsin in this legal challenge are New Jersey, Massachusetts, California, New York, Connecticut, Rhode Island, Michigan, Colorado, Delaware, Nevada, Hawaii, Maryland, Maine, Minnesota, New Mexico, Vermont, North Carolina, Washington D.C., and San Francisco.

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