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
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Trump v. CASA (Birthright EO) - Supreme Court
Birthright CitizenshipChildren/YouthThis is a consolidation of three applications submitted by the government for a partial stay of district court injunctions in three district court cases challenging President Trump’s attempt to deny birthright citizenship to certain children of immigrants born in the United States. In addition to...Read more -
CASA v. Trump (Birthright EO) - Court of Appeals
Birthright CitizenshipChildren/YouthThis is an appeal of a district court’s preliminary injunction of President Trump’s attempt to deny birthright citizenship to certain children of immigrants born in the United States, in a case brought by CASA and ASAP (immigrants’ rights organizations) and five pregnant women. On February 28, 2025...Read more -
New Jersey v. Trump (Birthright EO) - District Court
Birthright CitizenshipChildren/YouthOn January 21, 2025, a coalition of states, the District of Columbia, and the City and County of San Francisco filed a lawsuit against the Trump administration over President Trump’s Executive Order depriving certain children born in the United States of birthright citizenship, which was initially...Read more -
State of Washington v. Trump (Birthright EO) - District Court
Birthright CitizenshipOn 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 -
New Hampshire Indonesian Community Support v. Trump (Birthright EO) - District Court
Birthright CitizenshipChildren/YouthOn January 20, 2025, President Trump issued an Executive Order 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, at...Read more
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