Michigan Attorney General Dana Nessel joins suit to stop Trump’s order to end birthright citizenship

Lawsuit alleges order violates 14th Amendment

President Donald Trump signs an executive order as he attends an indoor Presidential Inauguration parade event at Capital One Arena, Monday, Jan. 20, 2025, in Washington. (AP Photo/Evan Vucci) (Evan Vucci, Copyright 2025 The Associated Press. All rights reserved)

Michigan Attorney General Dana Nessel joined attorneys general from several other states in a lawsuit to challenge an executive order from President Donald Trump that would end birthright citizenship, which gives citizenship to anyone born in the U.S., regardless of their parents' status.

Nessel and attorneys general from 17 other states, along with Washington D.C. and the City of San Francisco, filed the suit in U.S. District Court for the District of Massachusetts, alleging the order violates the 14th Amendment.

The states are seeking immediate action to prevent the order from taking effect with a temporary restraining order and a preliminary injunction.

Trump’s order, bars federal agencies from issuing or recognizing citizenship documents for children with parents who do not have a legal immigration status in the U.S.

It also includes those whose mothers were legally in the country, but only temporarily, and whose fathers weren’t citizens or legal permanent residents. It’s set to take effect in 30 days.

“Birthright citizenship is a basic right granted to all Americans born on United States soil with historic roots and long-lasting implications for the states and their residents,” said Attorney General Nessel. “The Citizenship Clause has stood as constitutional law in this nation for more than 150 years and has twice been upheld by the U.S. Supreme Court. It is disappointing that in the first hours of this incoming administration, the first perceived enemy President Trump has struck against is the U.S. Constitution.”

According to a release from Nessel’s office, these individuals will lose eligibility for several federal programs, including the ability to get a Social Security number. They will lose the ability to work lawfully, their right to vote, to serve on juries and to run for certain offices.

“Despite the Constitution’s guarantee of citizenship, thousands of children will—for the first time—lose their ability to fully and fairly be a part of American society as a citizen with all its benefits and privileges," Nessel said in the release.

For more information, check out Nessel’s video where she discussed the order.


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Sara Powers joined WDIV as a digital content producer in Oct. 2024 and has been covering Metro Detroit news since 2021.