President Trump signed two executive orders on Aug.
White House deputy chief of staff Stephen Miller described the target bluntly. "If you're telling a consular officer you're here as a tourist, but your true purpose and intent is to go to a baby mill, give birth ... you're committing a fraud," he said, per the Washington Examiner .
Brown's approach has stayed consistent through both rounds of litigation: contest the procedure when necessary, but keep the underlying constitutional argument front and center.
Washington's governor, Bob Ferguson, spent twelve years as the state's attorney general before winning the governorship in 2024, building a reputation for suing the first Trump administration nearly 100 times on issues ranging from immigration to environmental policy.
A tourist who becomes pregnant unexpectedly during a lawful visit looks, on paper, identical to someone who traveled specifically intending to give birth in the U.S.
Trump signed two narrower executive orders restricting birthright citizenship on Aug. 6. Washington, Oregon, Arizona and Illinois are challenging them in the same Seattle federal court that first blocked his broader 2025 order.