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Defending Birthright Citizenship at the Supreme Court

Listen: Birthright Citizenship Arguments at SCOTUS

Listen to a recording of the oral arguments from Wednesday, April 1.

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Last updated on April 03, 2026

We defended birthright citizenship at 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.

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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 was argued at 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 1868. 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.

Arguments and Rally at the Supreme Court

We rallied with other advocates at the U.S. Supreme Court as our national legal director, Cecillia Wang, led oral arguments inside the court.

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 was argued on April 1, 2026.

Featured Cases

Court Case
Apr 03, 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 was argued before the U.S. Supreme Court on April 1, 2026. A decision is expected in June or July.
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.

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