Wisconsin is joining a coalition of states who are planning to fight President Donald Trump’s executive order declaring an end to birthright citizenship. Wisconsin Governor Tony Evers and Attorney General Josh Kaul have joined a group of 22 other states fighting the executive action. They claim that Trump’s order is unconstitutional. As a result, Wisconsin has filed a suit in the United States District Court in an effort to refute it. Further, the lawsuit also seeks to prevent the order from being implemented nationwide.
The filing cites the Fourteenth Amendment as a precedent for birthright citizenship. That amendment allowed the children of slaves the full rights of citizenship in a post-Civil War America. Being legally considered a U.S. citizen comes with several rights. Among these are the right to vote, social security, and education, to name a few. The loss of birthright citizenship would also mean the loss of these benefits.
Attorney General Josh Kaul released a statement criticizing the executive order. “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. This attempt to deny them citizenship in blatant violation of the Constitution should be rejected.”
President Trump had been arguing for an end to birthright citizenship throughout his 2024 election bid. As far back as 2023, he claimed he planned to make sure that “the future children of illegal aliens will not receive automatic U.S. citizenship”. He reasoned that birthright citizenship encouraged immigrants to cross the border illegally. By doing so, their children would gain access to all the rights of citizens.
Several other states have also consolidated in the filing. Those states include California, Colorado, Delaware, Hawaii, Massachusetts, Maryland, Maine, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, and Vermont. Additionally, the District of Columbia and the City of San Francisco are also listed on the complaint. California Governor Gavin Newsom simply stated “This is unconstitutional”.
President Trump signed the order to end birthright citizenship on January 20th, his first day in office. The executive action came alongside several others. Some of these orders included withdrawal from the Paris Climate Accord, a freeze on federal hiring, and a repeal of former President Joe Biden’s seventy-eight executive orders.
