CHICAGO — In a high-stakes federal court showdown, Illinois Attorney General Kwame Raoul is at the forefront of a multistate effort to protect birthright citizenship, directly challenging an executive order issued during the Trump administration that seeks to limit constitutional guarantees.
Raoul appeared this week before the 9th Circuit Court of Appeals, arguing against the administration’s attempt to deny citizenship to children born in the U.S. to non-citizen parents. This comes after a lower district court previously labeled the executive order “blatantly unconstitutional” and issued an injunction—an action now under appeal.
“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,”
— Kwame Raoul, via Illinois Attorney General’s Office
Legal and Constitutional Stakes
The coalition of state attorneys general, including Illinois, argues that the executive order violates both the 14th Amendment and the federal Immigration and Nationality Act. The 14th Amendment clearly grants citizenship to “all persons born or naturalized in the United States,” a provision historically upheld regardless of a parent’s immigration status.
According to Raoul’s official statement, any unilateral executive attempt to rewrite this principle would not only erode constitutional protections but also create far-reaching implications for thousands of Illinois residents.
Potential Consequences For Illinois Families
If the executive order were upheld:
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Thousands of children born in Illinois to non-citizen parents — including those here legally on work or study visas — could be denied U.S. citizenship.
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These children might lose access to voting rights, public healthcare, education, housing, and federal welfare programs.
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The state could face loss of critical federal funding that supports healthcare and public services across vulnerable communities.
Nationwide Implications At Stake
While the current legal debate is focused on the appeals process, the U.S. Supreme Court has already weighed in on preliminary questions regarding whether the injunction should apply nationwide or only to the plaintiff states.
A limited ruling could result in a patchwork of inconsistent birthright policies, varying dramatically from state to state, which would sow confusion for immigrant families, local governments, and law enforcement.
Until the high court renders a final decision, Raoul and his counterparts are treating this as a defining test of America’s constitutional values.
Do you believe birthright citizenship should be protected regardless of parents’ immigration status? Should states like Illinois take the lead in defending such rights?
Drop your thoughts in the comments at ChicagoSuburbanFamily.com. We want to hear from you.
