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Assembly reaffirms birthright citizenship, urges courts to block federal order
Summary
The Assembly adopted a joint resolution opposing a presidential executive order that would end birthright citizenship, citing historical Supreme Court precedent and widespread legislative support across caucuses.
SACRAMENTO — The California Assembly on May 14 adopted Assembly Joint Resolution 5, reaffirming birthright citizenship and urging protection of the Fourteenth Amendment after the White House issued an executive order seeking to limit birthright citizenship.
Assemblymember Lee, the author, framed the resolution as a defense of constitutional precedent and the 1898 U.S. Supreme Court decision in United States v. Wong Kim Ark. Lee said the executive order “is so blatantly unconstitutional” and warned the order could create “millions of stateless children” if upheld. The Assembly adopted the resolution 58–1.
Support for the resolution crossed caucus lines during floor debate. Assemblymember Kalra (coauthor) discussed the historical legal basis, noting Wong Kim Ark’s case affirmed the citizenship of U.S.‑born children of non‑citizen parents. Assemblymember Haney, noting that Wong Kim Ark was born in San Francisco, described the case’s local significance and called the order an attempt to “divide us” and “devalue the American identity of entire communities.”
Speakers repeatedly tied the debate to civil‑rights and immigrant‑rights concerns. Assemblymember Carrillo, vice chair of the Latino Caucus, called the executive order “reckless and unconstitutional,” saying “to question the citizenship of their U.S.‑born children is an insult to their sacrifices and to our nation's principles.” The Asian American and Pacific Islander Caucus, the LGBTQ caucus, the Black Caucus and the Jewish Caucus each registered support on the floor.
Opposition voiced procedural caution and deference to the courts. Assemblymember DeBau (DeMayo) said he would await the Supreme Court's considered judgment and emphasized the legal complexity of the 1898 precedent, while others suggested the issue should be resolved judicially rather than legislatively.
After debate the Assembly opened the roll for coauthors (55 were added) and then voted on the resolution itself. The clerk recorded the final tally as Ayes 58, Noes 1; the resolution was adopted.
The resolution is a formal state legislative statement opposing the federal executive order and citing constitutional and historical precedent, including the Wong Kim Ark decision. It urges federal leadership and the courts to uphold birthright citizenship.
