RICHMOND, VA – Virginia Attorney General Jay Jones announced Thursday that his office has joined a coalition of 25 attorneys general urging the U.S. Supreme Court to uphold birthright citizenship, arguing that President Trump’s 2025 executive order ending the practice violates both the Constitution and federal law.
Key Points
- Virginia joins 25-state coalition opposing Trump administration’s birthright citizenship order
- The coalition filed an amicus brief in Barbara v. Trump before the U.S. Supreme Court
- States warn the policy would harm millions of families and disrupt federal and state programs
States unite to defend Fourteenth Amendment protections
Attorney General Jones said the coalition’s filing defends one of the nation’s oldest constitutional principles — that anyone born in the United States is automatically a citizen, regardless of their parents’ immigration status.
“Birthright citizenship is a core constitutional right, and a cornerstone of American democracy,” Jones said. “President Trump’s executive order is in direct violation of our Constitution, and I am proud to stand with Attorneys General from across the nation to fight back and protect our citizens.”
The coalition’s amicus brief, filed in Barbara v. Trump, argues that the executive order violates the Citizenship Clause of the Fourteenth Amendment and the Immigration and Nationality Act (INA). Two federal courts previously blocked the order with nationwide injunctions, but the case has now reached the Supreme Court for review.
Potential nationwide impact if order upheld
The brief warns that if the executive order were to take effect, thousands of babies born in the United States each year could be denied citizenship for the first time since 1868. Without citizenship, those children would lose eligibility for Social Security numbers, work authorization, voting rights, and access to programs such as Medicaid and the Children’s Health Insurance Program.
In addition to harming residents, states argue they would face significant administrative and financial burdens in adapting public benefit systems that rely on citizenship verification.
Broad state coalition supports challenge
Joining Virginia in the filing are New Jersey, Washington, Massachusetts, California, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin, and the City and County of San Francisco.
The case represents one of the most consequential constitutional disputes in decades over the scope of citizenship rights under the Fourteenth Amendment.
For media inquiries, contact Rae Pickett at RPickett@oag.state.va.us.
Tags: virginia, attorney general, supreme court
