Attorney General Kwame Raoul has filed an amicus brief with the U.S. Supreme Court to defend birthright citizenship. The brief, submitted alongside a coalition of states, supports a legal challenge to an executive order issued by President Trump in 2025 that sought to end birthright citizenship for children born in the United States to immigrant parents.
President Trump’s executive order was challenged immediately by Raoul and other attorneys general, resulting in a nationwide preliminary injunction that blocked its implementation. The case now before the Supreme Court, Barbara v. Trump, involves children who could lose their citizenship if the order were allowed to proceed. Raoul’s brief argues that the executive order violates the Citizenship Clause of the 14th Amendment, Supreme Court precedent, 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,” Raoul said. “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 brief highlights that birthright citizenship has historical roots dating back centuries and was established nationally after the Civil War through the 14th Amendment. The Supreme Court has upheld this principle regardless of parents’ immigration status. Congress also codified birthright citizenship into law in 1940 and again in 1952.
According to Raoul and his colleagues, if implemented, the executive order would have significant consequences for states and residents. Thousands of babies born each year could be denied citizenship for the first time since 1868. Children losing their citizenship would also lose basic rights and face possible deportation or statelessness.
The loss of citizenship would result in ineligibility for federal services such as Social Security numbers and lawful employment as they age. It would also remove rights like voting or serving on juries. The attorneys general argue that this change contradicts constitutional guarantees.
States could lose federal funding for programs like Medicaid, CHIP, foster care, and adoption assistance—programs where eligibility depends partly on citizenship status. Adjusting these programs would require immediate operational changes across multiple state agencies.
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 along with San Francisco.
The Illinois Attorney General’s office has a history of advocating for vulnerable groups including immigrants according to its official website. It provides consumer protection services such as complaint filing for civil rights issues and partners with law enforcement agencies across Illinois to support crime victims. The office also promotes safer communities and environmental advocacy statewide through various initiatives.