Supreme Court Arguments Conclude in Challenge to Trump Birthright Citizenship Executive Order

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

The groups presented arguments challenging the administration’s efforts to dismantle birthright citizenship, which guarantees babies born in the United States are U.S. citizens. Arguments highlighted how the president’s executive order flouts the Constitution, violating the plain language of the 14th Amendment. It also violates over a century of Supreme Court precedent and federal statute.

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.

Just hours after President Trump took the oath of office, the ACLU of Maine other advocates filed a lawsuit challenging the executive order. Multiple federal courts acted swiftly to block the executive order. In June 2025, the Supreme Court limited the options available for that initial case to apply nationwide, so advocates immediately filed the nationwide class action lawsuit that was argued today.

“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.”

“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.”