The Supreme Court has reaffirmed a foundational promise of the Fourteenth Amendment: nearly every child born on U.S. soil is a U.S. citizen.
A major win for immigrant families, our Constitution, and our future.
Executive Order
On the first day of his second term, President Trump issued an Executive Order seeking to deny U.S. citizenship to children born in the United States to parents who were neither U.S. citizens nor lawful permanent residents.
Constitutional Foundation
The Citizenship Clause of the Fourteenth Amendment, adopted in 1868 after the Civil War, guarantees citizenship to all persons born or naturalized in the United States and subject to its jurisdiction.
It was designed to overturn the Dred Scott decision and prevent hereditary classes of citizenship.
Legal Challenge
Immigrant families, represented by the ACLU and partner organizations, challenged the Executive Order. Plaintiffs argued the order violated the Fourteenth Amendment and that a President cannot change constitutional rights by executive action.
Supreme Court Ruling
The Supreme Court struck down the Executive Order and reaffirmed that, with limited exceptions, birth in the United States—not the immigration status of parents—determines citizenship.
The Court held that only a constitutional amendment or a reversal of long-standing precedent could change birthright citizenship.
“Behind every child born in this country is a lifetime of possibility. Our Constitution ensures that no child starts life as an outsider.”
Conclusion: A Victory for All
This ruling is one of the most significant victories for immigrant rights advocates in recent decades and reaffirms the enduring promise of the Fourteenth Amendment.
The ACLU and its partner organizations deserve immense credit for safeguarding the rights of millions of children.
Advocates warned the Executive Order could have affected nearly 5 million U.S.-born children over the next two decades—denying them citizenship, creating legal uncertainty, and a permanent subclass without the rights and protections every child deserves.
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