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Boston's Morning Newsletter
Breaking down the legal fight over birthright citizenship, as it heads to court in Boston
Editor's Note: This is an excerpt from WBUR's daily morning newsletter, WBUR Today. If you like what you read and want it in your inbox, sign up here.
For the third-straight year, Northeastern is your Women’s Beanpot champion. The Huskies beat BU last night at TD Garden in front of one the largest crowds in women’s college hockey history.
The Men’s Beanpot begins on Feb. 3. But first, the news:
It didn’t take long for Massachusetts Attorney General Andrea Campbell to file her first lawsuit against President Trump. Campbell joined 17 other Democratic state attorneys general yesterday on a lawsuit seeking to block Trump’s executive order to stop recognizing the citizenship of future American-born children of parents without legal status. Here’s a breakdown of the legal fight and what to expect:
- What does Trump’s order do? The 14th Amendment says all people “born or naturalized in the United States, and subject to the jurisdiction thereof” are automatically citizens. It has long been interpreted as covering children born on U.S. soil. However, Trump’s order seeks to change that by not allowing the government to grant citizenship documents, unless at least one parent is a citizen or legal resident. Under its interpretation, babies born here to parents who are “unlawfully” present or who have “lawful but temporary” status are not “subject to the jurisdiction thereof.”
- What’s the argument against it? Critics say the order essentially would create an underclass of people born in the U.S. but without the benefits of citizenship. They wouldn’t be able to get passports, and could have a hard time accessing bank loans and other services. As Campbell’s office noted, they could also be “rendered stateless,” without a clear claim to citizenship in any country.
- Do other countries offer automatic birthright citizenship? Yes. Despite Trump’s claim that the U.S. is the “only country in the world that does this,” dozens of other countries — mostly in North and South America — have unrestricted birthright citizenship.
- What’s next? The lawsuit was filed in federal court in Boston, and some observers say it could go up to the Supreme Court. Unless a court grants an injunction, the order would take effect on Feb. 19.
- What will play out? Several legal experts expressed doubt that Trump’s order will survive, on the basis that the president can’t singlehandedly change the interpretation of the Constitution. “There is a process for changing what the Constitution means, and it’s the process of amendment,” Renee Landers, a constitutional scholar at Suffolk University, told WBUR’s Simón Rios. Read our full story for more on the response to Trump’s order.
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It’s (reportedly, almost) official: Josh Kraft, son of the New England Patriots’ owner and billionaire Robert Kraft, is planning to announce his candidacy for Boston mayor next month, according to reports yesterday from at least a half-dozen outlets, all citing unnamed sources. (Politico first broke the news, which has been rumored since 2023.) His bid is poised to present a well-financed challenge to Boston Mayor Michelle Wu, who expects to make her first reelection campaign official soon.
- Who is he? Kraft only became an actual Boston resident in 2023, but has ties to the city as the former CEO of the local Boys & Girls Club. He now leads the Kraft family’s philanthropic foundation.
- What’s he running on? TBD. Kraft has yet to present any specific policy ideas, as Boston magazine reported in this profile last summer. “Housing, education, making those opportunities stronger and increasing their accessibility,” he said at the time.
In other Kraft-related news: The Patriots are reportedly hiring former offensive coordinator Josh McDaniels — for a third time. ESPN and NFL.com report the familiar face is expected to lead the offense under new coach Mike Vrabel.
Massachusetts has a new top federal prosecutor: Leah Belaire Foley was appointed — and sworn in on an interim basis — yesterday as the state’s new U.S. attorney under President Trump. (Foley still needs to be confirmed by the Senate to officially take the job.)
Bird flu is likely responsible for the deaths of dozens of Canada geese, swans and other birds in Plymouth, officials said yesterday.
- If you notice at least five dead or sick wild birds in a single area, report it to the state. It will help officials monitor the disease.
P.S.— It’s the last call for your snow memories from the winter of 2015! We want to hear your stories about what it was like to live through that winter in the Boston area: the good, the bad, the infuriating and the funny. (We also want to see your photos, if you’ve got them.) Fill out the form linked here or reply to this email to be included in our future coverage.
