Birthright Citizenship
Birthright citizenship is a legal principle under which citizenship is automatically granted to individuals upon birth. There are two forms of birthright citizenship: ancestry-based citizenship and birthplace-based citizenship. In the U.S., birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution. Specifically, it states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." This principle was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark, which clarified that children born in the U.S. to immigrant parents are citizens, regardless of their parents' immigration status.
Cases
-
New Hampshire Indonesian Community Support v. Trump (Birthright EO) - Court of Appeals
Birthright CitizenshipChildren/YouthOn January 20, 2025, the same day President Trump issued an Executive Order that strips certain children born in the United States of birthright citizenship, several immigrant rights’ organizations (the ACLU, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Asian Law Caucus, State...Read more -
Barbara v. Trump (Birthright EO Class Action) - Court of Appeals
Birthright CitizenshipOn January 20, 2025, President Trump issued an Executive Order (EO) that strips certain children born in the United States of birthright citizenship, which was initially set to go into effect on February 19, 2025. The order declares that a child who is born in the United States is not a citizen if...Read more -
State of Washington v. Trump (Birthright EO) - Court of Appeals
Birthright CitizenshipChildren/YouthOn January 21, 2025, a group of states—Washington, Arizona, Illinois, and Oregon—filed a lawsuit challenging President Trump’s executive order seeking to deny birthright citizenship to children born in the United States if, at the time of the child’s birth, (1) their mother was either “unlawfully...Read more -
Barbara v. Trump (Birthright EO Class Action) - District Court
Birthright CitizenshipChildren/YouthOn January 20, 2025, President Trump issued an Executive Order (EO) that strips certain children born in the United States of birthright citizenship, which was initially set to go into effect on February 19, 2025. The order declares that a child who is born in the United States is not a citizen if...Read more -
New Jersey v. Trump - Court of Appeals (Birthright EO)
Birthright CitizenshipChildren/YouthThis is the appeal of the district court’s preliminary injunction of President Trump’s attempt to deny birthright citizenship to certain children of immigrants born in the United States. On March 13, the government appealed to the Supreme Court seeking a partial stay of the district court's...Read more
TAKE ACTION
Defend Humanitarian Parole and Support Immigrant Justice Today!