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Donald Trump “overreached by a mile” with his attempt to dismantle the longstanding constitutional guarantee of birthright citizenship, the California attorney general, Rob Bonta, said.
California along with a coalition of states and the city of San Francisco are suing the administration over an executive order issued just hours after Trump was sworn into office on Monday that would deny automatic citizenship to some children born in the United States – a move they argue is in “flagrant violation” of the US constitution.
Under the order, federal agencies would cease to issue legal documents that recognize US citizenship, such as social security numbers and US passports, to these children. It would take effect on 19 February – meaning it would not be applied retroactively.
In California, where nearly half of all children have at least one immigrant parent, Bonta’s office estimates the order could affect as many as 24,500 babies born annually in the state. If allowed to stand, these children would lose their eligibility to access public health and other federal benefit programs, Bonta said, while also enduring the constant “fear and trauma of being deported”.
Bonta, who was born in the Philippines and moved to California with his family as an infant, said the administration should be prepared to put the case in its “loss column”.
That interpretation that Mr Trump posits in his executive order has never been adopted by anyone – not by Congress, not by any court. It’s never been accepted as an appropriate interpretation of the birthright citizenship right that is enshrined in the US constitution,” he said, adding: “We’re very confident – it’s in clear violation of US law and US constitution.”
