WASHINGTON — The Supreme Court heard oral argument April 1 in Trump v. Barbara, a nationwide class action brought by the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Legal Defense Fund, Asian Law Caucus, and the Democracy Defenders Fund on behalf of children who would be denied citizenship under an executive order issued by President Trump.
The groups presented arguments challenging the administration’s efforts to dismantle birthright citizenship — the legal principle guaranteed by the 14th Amendment that babies born in the U.S. are U.S. citizens — stating that Trump’s executive order flouts the Constitution’s dictates, long-standing Supreme Court precedent, a statute passed by Congress, and fundamental American values.
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.
“All of us born in this country are Americans, as guaranteed by the 14th Amendment,” said Cecillia Wang, ACLU national legal director, who argued the case before the court. “That is the principle we defended before the United States Supreme Court today. 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.”
“Today’s argument before the Supreme Court was on behalf of the countless families who would be harmed, especially children and families of color, if the Trump Administration’s birthright citizenship executive order takes effect,” said Morenike Fajana, senior counsel at the Legal Defense Fund. “We are confident in our case against such an unlawful attempt to rewrite the Constitution in a way that is antithetical to who we are as a nation.”
“Birthright citizenship was affirmed in United States v. Wong Kim Ark, when a Chinese American community challenged the idea that people like them could never fully belong,” said Aarti Kohli, executive director at Asian Law Caucus. “For Asian Americans, that history is deeply personal — it is a right we helped shape and defend. Trump’s executive order attempts to erase that legacy, denying families the dignity, stability, and belonging that the Constitution guarantees to every child born in this country. We’re fighting today to ensure that in our democracy, no president gets to redefine who is born a citizen and who is not.”
“Our Constitution and the more than a century of court decisions on this topic are overwhelmingly clear: no politician can decide who among those born in this country is worthy of citizenship,” said SangYeob Kim, director of the Immigrants’ Rights Project at the ACLU of New Hampshire. “We are fighting this cruel executive order to ensure that every child born in the United States has their right to citizenship protected instead of being relegated to a permanent, multigenerational subclass of people born in the U.S. but who are denied full rights.”
AAPI civil rights organizations also issued statements.
Japanese American Citizens League: “Earlier today, JACL joined members of the AANHPI community and others in support of birthright citizenship as the Supreme Court began oral arguments in the case. For over 100 years, the Supreme Court and the 14th Amendment have been clear: anyone born here is a citizen.”
Stop AAPI Hate: “If Trump’s attack on birthright citizenship succeeds, how will it affect Asian communities? According to our co-founder and co-director Cynthia Choi, it would completely upend the lives of immigrant families like her own. Born in L.A.’s Koreatown to immigrant parents, Cynthia saw first-hand how birthright citizenship allowed families to lay roots in the U.S. — creating multicultural communities that are strengthened by the presence and contributions of immigrants.
“This is what Trump wants to eliminate. If he succeeds, children wouldn’t just be denied citizenship. They also lose educational and economic opportunities, and the right to vote. That’s why we need to call Trump’s executive order on birthright citizenship exactly what it is: A racist attack on our constitutional rights, designed to weaken the power of Asian and other communities of color for generations to come.”
APIAVote: “Birthright citizenship is under threat. Yesterday, the Supreme Court heard arguments in Trump v. Barbara — a case that could reshape who is recognized as American.
“For over a century, the 14th Amendment has guaranteed that anyone born in the U.S. is a citizen. That promise was affirmed in United States v. Wong Kim Ark — a landmark decision rooted in the fight against exclusion and racism.
“Restricting birthright citizenship would put millions at risk and undermine the foundation of our democracy, including the right to vote. APIAVote is calling for the court to uphold the Constitution and protect birthright citizenship — for all.”
Asian American Legal Defense and Education Fund: “From Wong Kim Ark — whose case was backed by the Chinese Consolidated Benevolent Association — to Bhagat Singh Thind, who was represented by Indian American attorney Sakharam Ganesh Pandit, Asian American plaintiffs, lawyers, and organizations have long been at the center of the fight to defend citizenship.
“Today, Cecillia Wang — the legal director of the ACLU and a daughter of Taiwanese immigrants — carries that legacy before the U.S. Supreme Court. We honor those who fought then and those defending birthright citizenship now, including Cecillia and the dozens of Asian American organizations who joined AALDEF in filing an amicus brief to defend birthright citizenship.”