Collage banner image

Defending Birthright Citizenship at the Supreme Court

Birthright Citizenship at SCOTUS - Listen Live

The ACLU of Maine is going to the Supreme Court. You can listen to the arguments live on Wednesday, April 1, beginning at 10 a.m.

Listen Live

Last updated on March 25, 2026

We're heading to the Supreme Court because the Constitution, not the president, decides who is a citizen.

President Trump has targeted immigrants since his first day in office, and his efforts to eliminate birthright citizenship are at the center of his cruel agenda to redefine who gets to be an American. But the 14th Amendment guarantees citizenship to children born in the United States — and President Trump is not above the Constitution.

This embed will serve content from {{ domain }}. See our privacy statement

We're suing the Trump administration for trying to end birthright citizenship, a core American principle that is outlined in the plain language of the 14th Amendment. The case will be argued before the U.S. Supreme Court on April 1, 2026.

Birthright citizenship has been the law of the land since the 14th Amendment was enacted in 1866. 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.

This kind of government-engineered exclusion is both unconstitutional and morally indefensible.

How We Got Here

Just hours after President Trump took the oath of office, we filed a lawsuit challenging his executive order attempting to ban birthright citizenship. Multiple federal courts acted swiftly to block the order, finding that it violates the plain language of the 14th Amendment, congressional intent, and over a century of Supreme Court precedent.

In June 2025, the Supreme Court limited the options available for our initial case to apply nationwide, so we immediately filed a nationwide class action lawsuit called Barbara v. Trump. The president appealed to the Supreme Court, and the case will be argued next week.

Featured Cases

Court Case
Feb 20, 2026
A demonstrator looks up at her sign (which reads "Citizenship is a Birthright") during a rally outside the Supreme court building demanding the court uphold the 14th Amendment to the U.S. Constitution.
  • Immigrants' Rights

Barbara v. Trump – Class Action to Protect Birthright Citizenship

We're suing the Trump administration for trying to end birthright citizenship, a core American principle that is outlined in the plain language of the 14th Amendment. The case will be argued before the U.S. Supreme Court on April 1, 2026.
Court Case
Jan 08, 2026
Birthright Citizenship Case
  • Immigrants' Rights

NHICS v. Trump – Defending Birthright Citizenship

We're suing the Trump administration for issuing an executive order that blatantly violates the plain language of the 14th Amendment of the United States Constitution.

Related Content

Event | In-person & Virtual
woman holding "citizenship is a birthright" sign

Trump v. Barbara at the Supreme Court

The ACLU of Maine is going to the Supreme Court.
Apr 01, 2026 | 10:00 AM
Press Release
Mar 26, 2026
Placeholder image
  • Immigrants' Rights

Attorneys in Supreme Court Birthright Citizenship Case to Brief Reporters Ahead of Arguments

Attorneys from the ACLU and other advocacy organizations will brief reporters ahead of next week’s arguments in a case brought by the ACLU of Maine and others
Issue Areas: Immigrants' Rights
News & Commentary
Aug 09, 2025
A demonstrator looks up at her sign (which reads "Citizenship is a Birthright") during a rally outside the Supreme court building demanding the court uphold the 14th Amendment to the U.S. Constitution.
  • Immigrants' Rights

Trump's Birthright Citizenship Executive Order: What Happens Next

Children born to parents who are undocumented or have temporary status will retain their right to birthright citizenship. The ACLU explains how the legal fight unfolded.
News & Commentary
Jul 30, 2025
Pro-choice demonstrators (whose faces and signs are blurred) march in front of the Supreme Court and the statement on its facade, "Equal justice under law".
  • Civil Rights and Liberties

Your Questions Answered: The Supreme Court's Impact On Our Rights

The court's rulings—and its shifting procedures—signal lasting threats to civil liberties.