Birthright Citizenship

Birthright citizenship is the principle that every baby born in the United States is a U.S. citizen. The Constitution’s 14th Amendment guarantees citizenship to children born in the United States (with the extremely narrow exception of children of foreign diplomats), regardless of race, color, or ancestry. 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.”

Currently the ACLU and partners have filed the class action lawsuit Barbara v. Trump on behalf of the enormous number of individuals whose citizenship hangs in the balance because of the President’s birthright citizenship executive order, and the case will now be heard in the Supreme Court. Oral Arguments will be on April 1st, 2026.