California Attorney General Rob Bonta, together with a coalition of 24 attorneys general, has filed an amicus brief in the U.S. Supreme Court case Trump v. Barbara. The brief opposes an executive order issued by President Trump on his first day in office in 2025 that seeks to end birthright citizenship for children born in the United States to immigrant parents.
Attorney General Bonta and the coalition argue that the executive order violates the Citizenship Clause of the Fourteenth Amendment, established Supreme Court precedent, and the Immigration and Nationality Act. “For nearly our entire nation’s history, we have recognized that those born here, subject to our laws, are Americans, fully and equally. The text of the Constitution and more than a century of precedent make clear: birthright citizenship is a right, and President Trump cannot undo that by fiat,” said Attorney General Bonta. “Every branch of government, across Administrations, has affirmed birthright citizenship, and the U.S. Supreme Court should uphold that right.”
The coalition’s brief outlines how since its founding, the United States has generally granted citizenship to individuals born on its soil. Although this principle was denied in Dred Scott v. Sandford for descendants of enslaved people, it was later enshrined in 1868 through the Fourteenth Amendment’s Citizenship Clause: “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This constitutional guarantee was reaffirmed by the Supreme Court in 1898 with United States v. Wong Kim Ark.
If implemented, President Trump’s order could remove citizenship from hundreds of thousands of children each year—including approximately 24,500 annually in California—leaving them without basic rights or legal protections and at risk of deportation or statelessness.
The brief also warns about negative effects on states such as California if federal funding tied to programs like Medicaid or Children’s Health Insurance Program is reduced due to changes in children’s citizenship status. These programs depend on participants’ legal status; however, states would still need to provide healthcare and other services even as they face increased costs and administrative challenges.
Additionally, although President Trump’s order specifies it would apply only to babies born after 30 days from its signing date within U.S. borders, Attorney General Bonta’s coalition argues there is no assurance future actions would not expand these restrictions if upheld by the court.
Attorney General Bonta leads this effort along with New Jersey Attorney General Jennifer Davenport, Washington Attorney General Nick Brown, Massachusetts Attorney General Andrea Joy Campbell, attorneys general from several other states including Arizona and New York as well as San Francisco city officials.
Rob Bonta serves as head of the California Attorney General’s office, which acts as chief law enforcement authority for California statewide while advancing policies related to civil rights and public safety (source). The office is part of California’s executive branch (source) and covers issues such as consumer protection and environmental justice (source). It also promotes transparency through tools like OpenJustice for publishing criminal justice data (source).
