Santa Clara County has joined more than 20 state, including California, in suing President Donald Trump to block an executive order that would end birthright citizenship for children born to parents who are not citizens or are living in the country legally.
The lawsuit, which was filed in federal court in San Jose on Thursday, comes days after a federal judge in Seattle issued a 14-day temporary restraining order to prevent the executive order from going into effect.
“No president has the power to enact, amend, or repeal statutes, much less the Constitution itself,” County Counsel Tony LoPresti said in a statement. “This order illegally instructs federal agencies and officials to refuse to follow and execute a wide range of laws that rest on the bedrock constitutional foundation of birthright citizenship.”
Birthright citizenship ensures that children born on U.S. soil are citizens — regardless of their parents’ legal status. The right was enshrined in the Constitution in 1868 through the 14th amendment. Trump’s executive order would apply to children born on Feb. 19 or after whose parents are not citizens or living in the country legally.
“Once again, the county is standing with our community members who are being targeted by the federal administration,” County Executive James Williams said in a news release. “We will not stand idly by while the President tries to unconstitutionally and unilaterally erase the citizenship of millions of American children.”
Williams said that it’s the county’s “duty to support our most vulnerable populations.” A news release announcing the lawsuit detailed that the executive order would deny citizenship to the future children of thousands of individuals living in Santa Clara County, including refugees and asylum-seekers who are awaiting their green cards.
Santa Clara County has the largest proportion of immigrants among California’s 58 counties, with more than 40% of residents having been born outside of the U.S.
This is a breaking news story. Check back for updates.