Attorney General Kwame Raoul has filed an amicus brief with the U.S. Supreme Court defending birthright citizenship. Raoul, along with a coalition of states, submitted the brief in support of a legal challenge to President Trump’s executive order that sought to end birthright citizenship for children born in the United States to immigrant parents.
President Trump issued the executive order on his first day in office in 2025, aiming to change existing constitutional and federal law regarding citizenship. Attorney General Raoul and several other states responded by filing a lawsuit against the order. The lawsuit resulted in a nationwide preliminary injunction that prevented the executive order from taking effect.
The Supreme Court is now reviewing Barbara v. Trump, a case brought by children who would lose their citizenship if the executive order were implemented. The brief argues that the executive order violates both the Citizenship Clause of the Constitution and Section 1401 of the Immigration and Nationality Act.
“As a birthright citizen myself, born to an immigrant mother not yet naturalized at the time, the fight to preserve birthright citizenship is a personal one,” said Raoul. “As Attorney General, I swore an oath to uphold the Constitution and to protect the rights of all Illinois residents. I am proud to stand with my colleagues to defend the 14th Amendment, which was enshrined in our Constitution more than 150 years ago.”
The amicus brief outlines how birthright citizenship has been part of U.S. law since adoption of the 14th Amendment after the Civil War and has been repeatedly upheld by Supreme Court decisions regardless of parental immigration status. Congress also codified this right into law in 1940 and again in 1952.
Raoul and other attorneys general state that allowing this executive order would have significant consequences for states and residents. If enforced, thousands of babies born each year who would otherwise be citizens could lose their rights and face possible deportation or statelessness.
Losing citizenship would also mean losing access to federal services such as Social Security numbers, lawful employment as adults, voting rights, jury service eligibility, and eligibility for certain offices.
States could also see reduced federal funding for programs like Medicaid or foster care that consider citizenship status when determining eligibility. Adjusting these programs could impose administrative burdens on state agencies serving Illinois residents statewide according to information from the official website.
Joining Raoul are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington and Wisconsin as well as San Francisco.
The Illinois Attorney General’s office regularly advocates for vulnerable groups including immigrants through various initiatives described on its official website. The office handles consumer complaints annually while promoting safer communities and protecting civil rights across Illinois through partnerships with law enforcement agencies.
