On January 30, 2025, the County filed suit to block President Donald Trump’s executive order that purports to eliminate the constitutional guarantee of birthright citizenship. The Fourteenth Amendment to the United States Constitution, which was ratified in 1868, states that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” For more than 150 years, children born in the United States have obtained citizenship pursuant to this constitutional right, regardless of their parents’ citizenship status. This fundamental right is not only enshrined in the Constitution, but also codified in statute. President Trump’s executive order, however, attempts to unilaterally rescind birthright citizenship for children who, when born, do not have a biological mother or father who is a U.S. citizen or lawful permanent resident.
Trump’s executive order would have far-reaching impacts on the county’s residents. 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.
The County’s lawsuit, which is currently pending, argues that the President does not have unilateral authority to amend the Constitution or repeal a statute.
