Wisconsin Joins Legal Battle to Defend Birthright Citizenship

Jan 28, 2025 at 9:57 PM

In a significant legal move, Wisconsin has joined a multistate lawsuit challenging the Trump administration's executive order that seeks to eliminate birthright citizenship for children born to undocumented parents in the United States. This action underscores the state's commitment to upholding constitutional principles and protecting the rights of all individuals born on American soil. The lawsuit is based on the 14th Amendment, which guarantees citizenship to anyone born in the U.S., regardless of their parents' legal status. The case has already seen a federal judge temporarily blocking the executive order, setting the stage for further legal battles.

Wisconsin's Stand Against Unconstitutional Policy

In the heart of autumn, Wisconsin Attorney General Josh Kaul and Governor Tony Evers took a bold step by joining forces with other states to challenge an executive order issued by the Trump administration. This order aimed to revoke birthright citizenship for children born to parents who are unlawfully present in the country. Kaul emphasized during a recent interview on WPR’s “Wisconsin Today” that such an order is unconstitutional, as it directly contradicts the 14th Amendment. He pointed out that over a century of Supreme Court rulings supports the interpretation that all persons born in the U.S. are citizens, irrespective of their parents' immigration status.

Kaul also highlighted the practical implications of this executive order. If implemented, it would force states like Wisconsin to establish complex systems to determine citizenship status, leading to increased administrative costs and potential violations of constitutional rights. The attorney general stressed that the Trump administration's attempt to bypass established law and precedent is not only unlawful but also undermines the fundamental principles of the U.S. legal system.

Last week, a federal judge issued a temporary injunction against the executive order, halting its implementation. While the Trump administration has vowed to appeal this decision, the legal battle is far from over. Wisconsin's involvement in this lawsuit reflects its dedication to defending the Constitution and ensuring that all children born within its borders are granted the citizenship they deserve under the law.

The next steps in this legal process will likely involve seeking a permanent injunction to prevent the order from taking effect. Depending on how the litigation unfolds, the case could eventually reach higher courts, including the Supreme Court, where the final interpretation of the 14th Amendment may be determined.

From a journalist's perspective, this case serves as a powerful reminder of the importance of checks and balances in our democracy. It highlights the role of the judiciary in safeguarding constitutional rights and preventing overreach by the executive branch. The efforts of states like Wisconsin to protect these rights demonstrate the resilience of our legal system and the ongoing struggle to uphold justice and equality for all.