WA AG Brown suing Trump administration over birthright citizenship
SEATTLE - President Donald Trump's order to start the process to end birthright citizenship is already seeing challenges of its own — including a new lawsuit from Washington’s top lawyer.
"Birthright citizenship" is enshrined in the 14th Amendment. It grants citizenship to anyone born on United States soil, even to those whose parents are in the country illegally. Trump is pledging to eliminate it via executive action — something many constitutional scholars say he doesn't have the power to do.
What they're saying:
"Washington State will not abide by such harmful and unjust actions," said Washington State Attorney General Nick Brown said during a press conference.
Brown responded to several of the White House executive actions following Trump’s inauguration, saying, "We have seen only a small number of what is expected to be an onslaught of executive orders, but there is plenty to be concerned about."
On Tuesday morning, Brown invited FOX 13 Seattle to a press conference announcing a lawsuit just filed in the U.S. District Court for the Western District of Washington challenging President Donald Trump’s unconstitutional executive order on birthright citizenship.
Washington Attorney General Nick Brown.
The backstory:
"On Monday, one man, the President, said the citizenship of millions of Americans born to immigrants in this country means less," Brown said. "He is wrong."
The lawsuit, filed in the Western District of Washington, challenges the legality of the President’s order, citing violations of the 14th Amendment’s Citizenship Clause and the Immigration Law of 1940. The complaint emphasizes the historical context of birthright citizenship, which has been the law of the land for over 60 years, originating from the Civil War-era push to guarantee citizenship to formerly enslaved people.
"Trump’s executive order would deny citizenship to 150,000 newborn children each year in the U.S. — that’s thousands here in Washington," Brown said. "He would render them undocumented at birth, or in some cases, even citizens of no country at all."
US President Donald Trump signs executive orders in the Oval Office of the White House in Washington, DC, US, on Monday, Jan. 20, 2025. President Donald Trump launched his second term with a strident inaugural address that vowed to prioritize America
Dig deeper:
Brown was just sworn in last week, but said the Attorney General’s Office has spent the last year preparing for a Trump presidency.
"Our team has worked closely with colleagues in other states, studied Project 2025 and other documents, and researched case law in order to act swiftly. We are prepared and committed to using the full power of the Attorney General’s Office to enforce Washington’s laws, to protect people’s rights, and to keep Washingtonians safe," Brown said in a statement.
"My team and I will have more to say in the coming days about these orders and the potential for litigation. For now, I want Washingtonians to know we will do everything in our power to defend them and our state’s shared values against illegal acts by the Trump Administration."
Brown's predecessor is Bob Ferguson, who's now Washington’s governor. He sued the Trump administration nearly 100 times.
In a December interview when Brown met with his transition team, he told FOX 13 Seattle his hope was to never have to sue the president.
What's next:
Brown announced during a press conference Tuesday morning that his office is leading a multi-state federal lawsuit challenging President Donald Trump’s executive order aimed at ending birthright citizenship for children born to unauthorized immigrants in the U.S.
"It is unfortunate that this day has come," said Brown during the press conference.
According to the Attorney General's Office, the lawsuit was joined by Oregon, Arizona and Illinois, and seeks to block federal agencies from acting on the executive order.
Brown emphasized that the move to end birthright citizenship is not only illegal but also contradicts long-standing Supreme Court rulings. "One man cannot simply erase what the meaning of the Constitution is—not even the President," Brown said. "It is plainly illegal, particularly because it is spelled out explicitly in our Constitution, and the Supreme Court has weighed in on this case before."
The other side:
Also speaking at Tuesday's press conference was Monica Mendoza-Cawthon, a first-generation American whose parents immigrated from Michoacán, Mexico
"My parents came here with the promise of an American dream, the promise of freedom, of democracy," said Mendoza-Cawthon. "Largely thanks to their sacrifices, I was able to become a first-generation college graduate and now a first-generation law school graduate, set to take the bar exam later this year."
As a child of immigrant farmworkers who later opened a taquería in Kent, Mendoza-Cawthon acknowledged the long-lasting implications of the order on families like hers.
"Even though my parents are now citizens, I’m still worried because the implications of this are long-standing, even for people like my parents," Mendoza-Cawthon said.
Despite the challenges, Mendoza encouraged the community to stay resilient. "We’ve got to keep the faith alive and hold our communities tightly," she said. "As dark as the times may seem, look for the light that is there."
The Source: Information used in this story comes from the Attorney General's Office, supplemented with reporting from Alejandra Guzman.
BEST OF FOX 13 SEATTLE
Washington sees record eviction filings in 2024: ‘Not just an isolated incident’
New 2025 laws that are now in effect in WA
Good Samaritan saves mom from road rage incident in WA
Here's when you'll need REAL ID to go through US airport security
REI exits 'Experiences' businesses, laying off hundreds of employees
To get the best local news, weather and sports in Seattle for free, sign up for the daily FOX Seattle Newsletter.
Download the free FOX LOCAL app for mobile in the Apple App Store or Google Play Store for live Seattle news, top stories, weather updates and more local and national coverage, plus 24/7 streaming coverage from across the nation.