Response to U.S. Supreme Court’s Decision in Birthright Citizenship Case by Campaign Legal Center’s Anna Baldwin

WASHINGTON — Today, the U.S. Supreme Court reaffirmed long-standing precedent and the plain text of the Constitution that birthright citizenship is still the law of the land. The 14th Amendment and more than 100 years of Supreme Court precedent are clear: Children born in the United States are citizens.

The Trump administration's misguided and cynical attempt to redefine American citizenship failed. Birthright citizenship ensures that all Americans, regardless of who their parents are, have equal rights under the law and the opportunity to make their voices heard.

“Citizenship is the key that unlocks the door to democratic participation and the promise of an inclusive America — from ensuring the fundamental freedom to vote in federal elections to running for office. Attacks on citizenship, whether from the White House or elsewhere, are attacks on our democracy,” said Anna Baldwin, director of voting rights litigation at the nonpartisan Campaign Legal Center. “Our democracy is strongest when it includes all Americans, and any further attempts — including by the president of the United States — to limit who is included in our democracy should be immediately quashed. While it is deeply troubling that four justices on the Supreme Court would have ignored the Constitution's text and jettisoned the promise guaranteed to all by the 14th Amendment, that did not happen today — and we will be vigilant to make sure it never does.”

Background:  

On January 20, 2024, President Donald Trump issued an executive order purporting to end birthright citizenship for children born to people who are in the country without authorization or who hold work, student or tourist visas. But children born in the United States are U.S. citizens. The 14th Amendment and more than 100 years of Supreme Court precedent makes this clear. After the Civil War, the Reconstruction Amendments were passed to ensure that participation in our democracy is not redefined by the political winds or to exclude particular communities.          

Campaign Legal Center filed several amicus briefs at varying stages in this case. On February 26, 2026, Campaign Legal Center filed our final amicus brief in Trump v. Barbara at the U.S. Supreme Court on behalf of Secure Families Initiative, the Chamberlain Network, Black Veterans Project and the Foreign-Born Military Spouse Network urging the Court to affirm the district court’s decision striking down the Trump administration’s executive order because it violates the Citizenship Clause of the 14th Amendment.

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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.

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