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An expectant mother and two immigrant advocacy organizations launched a late-night lawsuit against the Trump administration in Massachusetts federal court, aiming to block an executive order that ends birthright citizenship in the U.S.

The lawsuit, filed by an unnamed woman expecting her child in March, alongside La Colaborativa and the Brazilian Worker Center, contends the 14th Amendment clearly guarantees citizenship to all individuals born on U.S. soil. The plaintiffs argue that the president lacks the authority to override this 157-year-old constitutional protection.

"This unprecedented attempt to strip citizenship from millions of Americans with the stroke of a pen is flagrantly illegal," the complaint states. "It is settled beyond all doubt that the president simply does not have the power to unilaterally revoke a person's birthright citizenship."

The case mirrors another legal challenge led by the American Civil Liberties Union in New Hampshire federal court, which also disputes the executive order’s constitutionality.

Executive Order Sparks Constitutional Battle

The Massachusetts complaint criticizes the executive order, titled "Protecting the Meaning and Value of American Citizenship," as an overreach of presidential power. The directive, signed just hours after Donald Trump returned to office, prohibits automatic citizenship for children born in the U.S. to undocumented immigrant parents.

Plaintiffs argue the order violates both the 14th Amendment's citizenship clause and the Fifth Amendment’s due process protections.

"The EO treats the targeted citizens as a subordinate caste of native-born Americans, entitled to fewer rights, benefits, and entitlements than other Americans due to their parents' alienage," the suit states.

While the expectant mother in the case holds temporary protected status, the baby’s father is neither a U.S. citizen nor a lawful permanent resident, placing their child squarely in the crosshairs of the order’s enforcement.

Potential Consequences for Millions

Lawyers for Civil Rights, representing the plaintiffs, warned of the far-reaching implications of the executive order.

"It would de-Americanize children and, as a result, deny them precious rights, legal protections, and benefits such as access to passports and Social Security numbers," the group stated. "Affected children would be stripped of their national identity and stigmatized as ‘lesser’ Americans, living with the constant fear of deportation from their native land."

The lawsuit also cites the U.S. Supreme Court’s 1958 decision in Trop v. Dulles, which held that revoking citizenship constitutes "the total destruction of the individual's status in organized society" and is "a form of punishment more primitive than torture."

Advocates Push Back

LCR Executive Director Iván Espinoza-Madrigal condemned the order as unconstitutional, emphasizing the need to uphold the principle of birthright citizenship.

"This executive order is a brutal and unconstitutional attempt to redefine what it means to be an American," Espinoza-Madrigal said. "The Constitution is clear: birthplace, not parentage, determines citizenship in this country. This lawsuit is about ensuring that the fundamental rights guaranteed by our Constitution are upheld."

A White House spokesperson did not immediately respond to requests for comment.

The plaintiffs are represented by Lawyers for Civil Rights. Counsel information for the federal government was not immediately available.