In governor's race, Ohio AG backs Trump order ending birthright citizenship

COLUMBUS, Ohio (WCMH) — Ohio Attorney General Dave Yost signed on to a brief in support of President Donald Trump’s executive order to end birthright citizenship.

Yost, who is running for Ohio governor, joined 17 other Republican attorneys general in signing the brief, which was filed last week in the U.S. Court of Appeals for the Ninth Circuit by Iowa Attorney General Brenna Bird. The brief argues that birthright citizenship harms states by imposing costs on them and encourages “birth tourism.”

Yost’s office did not return NBC4’s request for comment. See earlier coverage of birthright citizenship in the video player above.

The executive order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children.

Dozens of states and several other groups sued the Trump administration after the executive order was signed, arguing that it violates the Fourteenth Amendment. However, in the brief, Bird cites scholars who contest the meaning of the phrase “subject to the jurisdiction of the United States,” along with previous U.S. Supreme Court decisions.

“The Supreme Court’s earliest decisions establish that the Citizenship Clause did not confer citizenship to children born to individuals who were not lawfully and permanently present in the United States,” Bird wrote.

“After carefully examining the text, history, and precedent underlying the Fourteenth Amendment, one scholar concluded, ‘Nonimmigrant and illegal aliens, however, are not similarly considered part of the American people, are not subject to the complete jurisdiction of the United States, and are therefore not entitled to birthright citizenship under the Constitution,'” Bird wrote.

The states claim that they are being harmed because babies who “likely would have been born in a different country” if it weren’t for birthright citizenship may “participate in state welfare programs … receive state healthcare… and obtain a driver’s license.”

Costs would be imposed on the states if the babies participate in those programs “throughout their lives,” the attorneys general argued. They also argued that the incorrect interpretation of the Citizenship Clause would encourage “birth tourism,” causing further harm.

“States have been, and will continue to be, harmed by the Citizenship Clause interpretation advanced by the Plaintiffs,” Bird wrote. “Plaintiffs have no likelihood of success on the merits and the equities and public interest strongly weigh against Plaintiff’s interpretation and the resulting harm to States and the public.”

The attorneys general are seeking to vacate a preliminary injunction, which blocked the executive order. The Trump administration has also asked the U.S. Supreme Court to partly allow the restrictions during the legal challenges after district judges in Maryland, Massachusetts and Washington blocked the executive order nationwide.

Three federal appeals courts have also rejected the Trump administration’s requests.

The administration wants the justices to allow Trump’s plan to go into effect for everyone except the handful of people and group that sued, arguing that the states lack the legal right, or standing, to challenge the executive order.

Vivek Ramaswamy, who is also running for Ohio governor, has also previously called for ending birthright citizenship. Heather Hill also entered the race on the Republican side for 2026. On the Democratic side, former Ohio health director Amy Acton has entered the race.