Washington attorney general sues president over executive order on birthright citizenship

Washington Attorney General Nick Brown announced that Washington, joined by Oregon, Arizona and Illinois, filed a lawsuit in the U.S. District Court for the Western District of Washington challenging the president’s executive order that seeks to end birthright citizenship.

Brown said the order is "plainly and obviously illegal" and that the suit is aimed at protecting the constitutional guarantee in the Fourteenth Amendment. "One man cannot simply erase what the meaning of the Constitution is, not even the president," Brown said, adding that birthright citizenship has been the law in this country for more than 150 years.

Brown described two central claims in the complaint, including that the order violates the citizenship clause of the Fourteenth Amendment, and said his office will file an emergency motion within 24 hours asking a court to block federal agencies from relying on the order while the case proceeds.

Explaining why Washington filed its own suit rather than joining another multi-state case, Brown said the state has "specific and unique harms" that warrant local litigation. He said the order would deny citizenship to "roughly 150,000 newborn children each year" across the United States and would make affected children undocumented at birth, constraining rights such as obtaining a passport.

Brown said the lawsuit is grounded in precedent and history, citing Supreme Court rulings and earlier cases that affirmed birthright citizenship during eras such as the Chinese Exclusion Act. He acknowledged that the case could travel through appeals but said the immediate step is district court litigation.

During a question-and-answer session, Brown rejected the suggestion from state Republicans that his office should focus only on state matters and said his oath requires defending both the U.S. and Washington Constitutions. He also addressed concerns about litigation costs, saying existing legal services funds have supported civil-rights cases and that his office will look for savings while coordinating with the governor and legislature.

Advocate Monica Mendoza Cawthon, introduced at the event as a volunteer with the immigrant-rights organization 1 America and a first-generation American, spoke about her family’s history and urged legal defense of the Fourteenth Amendment. "Here in Washington, our leaders will do everything they can to ensure that every immigrant is safe," she said.

Brown said his office is coordinating with other states and advocacy groups and defended the strategic value of multiple, parallel filings in different jurisdictions to show courts the range of harms across communities. He closed by thanking staff and partner organizations and saying the office is prepared to move quickly in court.