County of Santa Clara Sues to Block Trump Effort to End Birthright Citizenship
Unconstitutional executive order illegally seeks to redefine who is American and would have severe impacts on families and the entire community
SANTA CLARA COUNTY, Calif. – The County of Santa Clara filed a lawsuit to block President Trump’s unconstitutional executive order that attempts to end birthright citizenship. The County’s lawsuit, which it filed in federal court in San José on Thursday, details the profound impacts that Trump’s order would have on the County and its ability to serve vulnerable residents.
The complaint names President Trump as a defendant, as well as top federal officials who would play a role in implementing the unlawful order, which President Trump issued within hours of taking office on January 20. The order directs the entire Executive Branch to reject the 150-year-old constitutional guarantee that every baby born in the United States is a U.S. citizen—no matter who their parents are. This right was ratified in the 14th Amendment in 1868 as a rejection of the nation’s pre-Civil War treatment of enslaved people, and affirmed by the U.S. Supreme Court in an 1898 case involving a baby born in San Francisco to Chinese parents, United States v. Wong Kim Ark, that was first filed in the same federal court as the County’s lawsuit.
“Birthright citizenship is enshrined in the U.S. Constitution under the 14th Amendment,” said County of Santa Clara Board President Otto Lee. "Executive orders that conflict with the Constitution have no legal standing and only create unnecessary confusion and hardship for immigrant families, and all Americans.”
Trump’s executive order would exclude millions of people from the basic American promise that children born on United States soil enjoy full membership as citizens of this nation. If the executive order goes into effect, a child born in this country would not be a citizen unless their biological mother or father is a citizen or a green card holder.
County Counsel Tony LoPresti said that there is no legal foundation for a president to unilaterally dismantle a constitutional right.
“No president has the power to enact, amend, or repeal statutes, much less the Constitution itself,” LoPresti said. “This order illegally instructs federal agencies and officials to refuse to follow and execute a wide range of laws that rest on the bedrock constitutional foundation of birthright citizenship.”
If implemented, the Trump rule would deny the benefits, privileges, and protections of U.S. citizenship to the children born to thousands of individuals in Santa Clara County: refugees and asylees enjoying hard-earned safety in our country and awaiting their green cards; professionals from other nations who lend their skills to Santa Clara County’s workforce under H-1B visas; students residing here on visas; and undocumented persons who live in and contribute to the community and our region’s economy.
“Once again, the County is standing with our community members who are being targeted by the federal administration,” said County Executive James R. Williams. “We will not stand idly by while the President tries to unconstitutionally and unilaterally erase the citizenship of millions of American children.”
According to data from the U.S. Census Bureau, Santa Clara County is one of the most diverse communities in America, with the largest share of immigrant residents of any of California’s 58 counties. More than 40% of Santa Clara County residents — an estimated 773,000 community members — were born outside of the United States, and 54% of residents speak a language other than English at home. More than 60% of children have at least one foreign-born parent – by far the highest percentage in California, and one of the highest percentages of any county in the United States.
“This order is an attack on our entire community, in particular our immigrant community, and the moral fabric that enables Santa Clara County to thrive,” said Board of Supervisors Vice President Sylvia Arenas, who is a daughter of immigrant parents. “We will not allow our most vulnerable children and families, especially our babies, to be scapegoated. We will not render them voiceless. Every child born in the United States has the same citizenship rights, and that’s not something that this president can take away.”
Trump’s order was quickly challenged, and a Seattle judge placed a temporary block on the directive via a 14-day temporary restraining order on January 23. This lawsuit adds a clear county perspective to the chorus of affected parties challenging the order.
“Like Counties across California and the nation, we provide the social safety net of programs and services that enable residents to live life with dignity,” said County Executive Williams. “Under state law, it is our duty to support our most vulnerable populations, and it is our moral and ethical duty as well. Santa Clara County’s strength is in its diversity, which fuels the economic engine of the nation. The County will always stand behind our children and their rights as Americans.”
The full complaint is available at https://files.santaclaracounty.gov/exjcpb1346/2025-01/county-of-santa-clara-v-trump.pdf.
ABOUT THE COUNTY OF SANTA CLARA, CALIFORNIA
The County of Santa Clara serves a diverse, multicultural population of 1.9 million residents in Santa Clara County, Calif., making it more populous than 12 states in the United States. The County provides essential services to its residents, including public health protection, environmental stewardship, medical services through the County of Santa Clara Health System, child and adult protection services, homelessness prevention and solutions, roads, park services, libraries, emergency response to disasters, protection of minority communities and those under threat, access to a fair criminal justice system, and many other public benefits.
Visit the County of Santa Clara at: santaclaracounty.gov
Like us on Facebook: Facebook.com/County.of.Santa.Clara
Follow us on X: X.com/sccgov