The coalition of 24 attorneys general filed an amicus brief supporting a class of children who challenged Trump's January 2025 executive order ending birthright citizenship for children born to immigrant parents. The Supreme Court heard oral arguments on May 15, 2026, in Barbara v. Trump, with multiple federal courts having already issued nationwide preliminary injunctions blocking the order from taking effect.
The attorneys general argued that Trump's executive order violates the Fourteenth Amendment and Section 1401 of the Immigration and Nationality Act. Groups of states, including Connecticut, successfully obtained preliminary injunctions in federal courts in Washington and Massachusetts that prevented the order from being implemented. The coalition contends the order represents an illegal attempt to "rewrite the constitution."
If upheld, the executive order would strip citizenship from thousands of babies born annually in the United States to immigrant parents, marking the first such restriction since the Fourteenth Amendment was adopted in 1868. The order would eliminate the privileges and benefits of citizenship for children who would otherwise qualify under the longstanding birthright citizenship doctrine.
The legal challenge comes amid a broader constitutional battle over immigration policy, with multiple state coalitions filing suit on the order's first day. Federal courts have consistently ruled against the administration, with every judge to consider the order on its merits finding constitutional violations. The Supreme Court's review represents the definitive test of presidential power to redefine citizenship through executive action.
"We were proud to lead the fight against this unlawful order, and grateful for the injunctions we obtained that prevented this action from ever taking effect," the attorneys general stated. "We are optimistic the U.S. Supreme Court will agree with every judge to consider this executive order on the merits and hold that it violates this fundamental constitutional right."
Attorney General Tong emphasized the personal significance of the case, noting he became the first U.S. citizen in his immediate family through birthright citizenship when born in Hartford in 1973. The coalition includes attorneys general from Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia.
The case highlights the historical foundation of birthright citizenship, which the coalition argues dates back centuries and was constitutionally enshrined through the Fourteenth Amendment to overturn the Supreme Court's Dred Scott decision. Congress has twice codified birthright citizenship into federal law, in 1940 and 1952, creating multiple legal protections the coalition says Trump cannot unilaterally eliminate.