Supreme Court Rules Against President Trump’s Executive Order Against Birth Right Citizenship
- Jun 30
- 2 min read
The Fourteenth Amendment of the United States Constitution guarantees that anyone born in the United States is a citizen of this country. Written after the Civil War, the Citizenship Clause states plainly:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…”
For more than a century, this principle of birthright citizenship has been upheld by the courts, including the US Supreme Court, with only narrow exceptions such as children born to foreign diplomats or enemy forces occupying the country. Birthright citizenship has long reflected a core American value: that where you are born — not your parents’ immigration status — determines your citizenship.
On January 20, 2025, President Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” seeking to limit who is recognized as a citizen at birth. While the order is currently blocked and not in effect, it would deny citizenship to certain children born in the United States based on their parents’ immigration status. Under the order, children born after February 19, 2025 would not automatically receive citizenship if their father was not a U.S. citizen or lawful permanent resident and their mother lacked permanent legal status (green card holder) at the time of birth.
The impact would be far-reaching. Babies born in the United States to parents living here legally on temporary visas, DACA recipients, or individuals with humanitarian protections could be denied citizenship despite being born on U.S. soil. Families could face uncertainty, separation, and the possibility of children growing up without the legal protections and the opportunities citizenship provides.
In response, civil rights organizations including the American Civil Liberties Union, the Legal Defense Fund, Asian Law Caucus, and others filed a class action lawsuit challenging the order’s constitutionality. The case represents children born on or after February 20, 2025 who would be affected by the executive order regardless of the state in which they were born.
On April 1, 2026, the Supreme Court heard oral arguments in Trump v. Barbara, considering whether the executive order violates the Fourteenth Amendment’s Citizenship Clause. The case has resulted in a national debate over constitutional rights, immigration policy, and who gets to be recognized as an American citizen.
Trump v. Barbara is not only about immigration or constitutional law, it is also about who is recognized, protected, and valued in society, especially women and families from marginalized communities.
The case centers efforts to limit birthright citizenship under the Fourteenth Amendment. These policies disproportionately affect immigrant women, particularly pregnant women, by placing their bodies, pregnancies, and families under increased political and legal scrutiny. The case specifically impacts pregnant asylum seekers, undocumented women, women with temporary protected status, and women on student or temporary visas. True gender equity transcends intersectional identity – including immigration status. Everyone deserves to live safe, fulfilling, and meaningful lives.
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