By Staff Reporter |
Attorney General Kris Mayes signed onto a lawsuit with other Democratic attorneys general against President Donald Trump’s executive order ending birthright citizenship.
Mayes called the order “unconstitutional” in a press release published Tuesday.
“No executive order can supersede the United States Constitution and over 150 years of settled law,” said Mayes. “While President Trump may want to take this nation back to a time before all American citizens were treated equally under the law – we will not allow him to do so.”
Mayes defended the modern interpretation of birthright citizenship — which inspired popularity of the pejorative “anchor baby” — as an accurate reading of the Fourteenth Amendment. Mayes cited the 1898 Supreme Court landmark decision in United States v. Wong Kim Ark.
In its ruling, the court declared that the defendant, Wong Kim Ark, had obtained citizenship through his birth on U.S. soil to parents who were legally residing in the U.S. but not citizens, and that those subject to U.S. jurisdiction apply to all domiciled within the country. The ruling remains precedent.
“Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization,” ruled the court.
Mayes’ lawsuit against the Trump administration estimated there were about 255,000 children born in the U.S. to illegal immigrant mothers and about 153,000 children born to illegal immigrant parents in 2022. In Arizona that year, the lawsuit reported those numbers to be around 6,000 children born to illegal immigrant mothers and around 3,400 children born to illegal immigrant parents. Based on those latest totals, the lawsuit estimated that there are over 12,000 children born to illegal immigrants every month throughout the nation.
Additionally, Mayes’ lawsuit argued that the end to birthright citizenship for children born to illegal immigrant parents would harm Arizona and other states because they would lose federal funding.
Joining Arizona in this lawsuit against the Trump administration in the Washington Western District Court are Washington, Illinois, and Oregon.
The lawsuit is a separate one from another joint lawsuit filed earlier this week in the Massachusetts District Court by 18 states, along with Washington, D.C. and both the city and county of San Francisco: New Jersey, Massachusetts, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin.
In his executive order, “Protecting the Meaning and Value of American Citizenship,” Trump asserted that the Fourteenth Amendment never interpreted the extension of citizenship universally to all born within the U.S., highlighting the provision excluding those “not subject to the jurisdiction thereof.”
Those that lack subjection to U.S. jurisdiction, the order says, include any individual whose mother was unlawfully present in the country and whose father wasn’t a citizen or lawful permanent resident at the time of their birth, or; any individual whose mother’s presence in the country at the time of their birth was lawful but temporary, and whose father wasn’t a citizen or lawful permanent resident at the time of their birth. For the latter case, “lawful but temporary” means those eligible to reside in the country under the Visa Waiver Program or those visiting on a student, work, or tourist visa.
The executive order is not retroactive. The order only applies to those born 30 days after the order’s issuance: February 19, 2025.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.