From CalMatters felony justice reporter Nigel Duara:
Resistance state Spherical 2 formally started Tuesday when California filed its first lawsuit towards the brand new Donald Trump administration.
Eighteen states, together with California, filed a lawsuit in federal court docket, difficult an government order by Trump that will revoke the proper of assured citizenship to anybody born within the nation.
- California Legal professional Basic Rob Bontaat a Tuesday press convention: “I am deeply disappointed that we’re here, and also not at all surprised. This isn’t some theoretical legal disagreement. It would strip Americans of their most basic rights.”
Bonta and the opposite attorneys basic are asking the court docket for a right away injunction to cease the order from taking impact on Feb. 19 whereas they litigate the case in United States District Court docket for the District of Massachusetts.
The attorneys basic sued on grounds that the order violates the Fourteenth Modification and the Immigration and Nationality Act by denying birthright citizenship to youngsters born within the U.S.
“Under the order, such children born after February 19, 2025 — who would have been unquestionably deemed citizens had they been born two days ago — will lack any legal status in the eyes of the federal government,” the lawsuit asserts. “They will all be deportable, and many will be stateless. They will lose the ability to access myriad federal services that are available to their fellow Americans.”
The order would additionally have an effect on how, and whether or not, states can present well being care to low-income youngsters who can be denied citizenship, the lawsuit alleges. In California, that’s Medi-Cal, California’s Medicaid program and the federal Kids’s Well being Insurance coverage Program.
The chief order asserts that undocumented individuals are not “subject to the jurisdiction” of the U.S., and due to this fact not protected by the Fourteenth Modification.
Daniel Farber, school director of UC Berkeley Regulation’s Heart for Regulation, Vitality, and the Atmosphere, mentioned the Trump administration’s argument seemingly faces lengthy odds in court docket.
- Farber: “I think there’s virtually no support among experts for the view that people who are born in the U.S. and whose parents aren’t lawfully in the country are somehow not subject to the jurisdiction of the United States.”
Lawsuit tracker: With Trump’s time period underway, CalMatters is monitoring the lawsuits California is submitting towards the administration. Test it out right here.
