A federal judge in Boston is set to review a request from 18 state attorneys general to halt President Trump’s executive order terminating birthright citizenship for children of undocumented immigrant parents. This hearing follows a similar ruling by a judge in Seattle who blocked the order, criticizing the administration’s handling of the Constitution and alleging that Trump aimed to alter it via executive action. The Boston case involves state attorneys general, as well as San Francisco and Washington, urging Judge Leo Sorokin to grant a preliminary injunction. They argue that birthright citizenship is a constitutional right and assert that Trump lacks the authority to implement the order, which they label as an unlawful attempt to revoke citizenship from American-born children based on their parentage.

Furthermore, the opposition states that Trump’s order would result in states losing crucial funding necessary for providing essential services such as foster care, healthcare for low-income children, and early interventions for infants and students with disabilities. Central to these legal battles are interpretations of the 14th Amendment to the Constitution, ratified after the Civil War, which established birthright citizenship. While the Trump administration claims that children of noncitizens are not under U.S. jurisdiction and thus not eligible for citizenship, the states’ attorneys argue the contrary, citing historical legal precedents. Birthright citizenship, rooted in the principle of jus soli or “right of the soil,” is practiced in around 30 countries, including the U.S., Canada, and Mexico.