Supreme Court Arguments Wrap in Landmark Challenge to Trump Birthright Citizenship Executive Order

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Supreme Court Arguments Wrap in Landmark Challenge to Trump Birthright Citizenship Executive Order  

WASHINGTON — The Supreme Court heard oral argument today in Trump v. Barbara, a nationwide class action brought by the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Legal Defense Fund, Asian Law Caucus, and the Democracy Defenders Fund on behalf of children who would be denied citizenship under an executive order issued by President Trump.

The groups presented arguments challenging the administration’s efforts to dismantle birthright citizenship — the legal principle guaranteed by the 14th Amendment that babies born in the United States are U.S. citizens — highlighting how Trump’s executive order flouts the Constitution’s dictates, longstanding Supreme Court precedent, a statute passed by Congress, and fundamental American values.

Courts have uniformly blocked the Trump administration from implementing the executive order. A Supreme Court decision is expected by the end of June or early July.

The following is comment from the co-counsel in this case:

“All of us born in this country are Americans, as guaranteed by the 14th Amendment. That is the principle we defended before the United States Supreme Court today,” said Cecillia Wang, ACLU national legal director, who argued the case before the court. “I left the courtroom thinking about my parents and so many families who came here seeking refuge, opportunity, and the American way of life. We couldn’t be more confident that this unlawful, un-American executive order will be struck down.”

“Today’s argument before the Supreme Court was on behalf of the countless families who would be harmed, especially children and families of color, if the Trump administration’s birthright citizenship executive order takes effect,” said Morenike Fajana, senior counsel at the Legal Defense Fund. “We are confident in our case against such an unlawful attempt to rewrite the Constitution in a way that is antithetical to who we are as a nation.”

“Birthright citizenship was affirmed in United States v. Wong Kim Ark, when a Chinese American community challenged the idea that people like them could never fully belong. For Asian Americans, that history is deeply personal — it is a right we helped shape and defend,” said Aarti Kohli, executive director at Asian Law Caucus. “Trump’s executive order attempts to erase that legacy, denying families the dignity, stability, and belonging that the Constitution guarantees to every child born in this country. We’re fighting today to ensure that in our democracy, no president gets to re-define who is born a citizen and who is not.”

“Birthright citizenship has been clearly protected for well over a century by the plain text of the Constitution, Supreme Court precedent, and congressional enactment. An attack on this indisputable right is an assault on the Constitution itself,” said Amb. Norm Eisen (ret.), co-founder and executive chair of Democracy Defenders Fund. “If this indisputable legal principle is up for grabs, so is anything in the Constitution and American law. That cannot be the case and so birthright citizenship must stand.”

“Our Constitution and the more than a century of court decisions on this topic are overwhelmingly clear: no politician can decide who among those born in this country is worthy of citizenship. We are fighting this cruel executive order to ensure that every child born in the United States has their right to citizenship protected instead of being relegated to a permanent, multigenerational subclass of people born in the U.S. but who are denied full rights,” said SangYeob Kim, director of the Immigrants’ Rights Project at the ACLU of New Hampshire.

“Birthright citizenship is a cornerstone of our democracy, deeply rooted in the American legal tradition and enshrined in our Constitution,” said Carol Rose, executive director at the ACLU of Massachusetts. “The 14th Amendment and centuries of precedent categorically reject the maintenance of a permanent underclass. No good-faith reading of the law can hold otherwise. That is why we are asking the Supreme Court to unequivocally reject the Trump administration's unlawful attempt to strip away the fundamental American guarantee that every baby born in this country is equal.”

“Birthright citizenship has been the law of the land since the 14th Amendment was enacted in 1868,” said ACLU of Maine Executive Director Molly Curren Rowles. “It is a core reason that the United States has been seen for generations as a beacon of freedom and opportunity around the world. Successive waves of immigrants have shaped and reshaped every aspect of our society and culture, from the food we eat and the music we listen to, to our regional accents and religious practices. As Americans, we are bound by our values and commitment to a pluralistic, free society — not by our family heritage. We hope a decision in this critically important case can bring stability at a time when immigrant families across the country face increasing hostility, threats, harm, and uncertainty.”

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