This week, the Supreme Court will hear arguments in Trump v. Barbara, the lawsuit intended to defeat Trump’s executive order to dismantle birthright citizenship.
HIAS was honored to join 57 faith-based organizations which represent Catholics, Protestants, Muslims, Hindus, and Jews, in an amicus brief for the case, emphasizing the moral issues at stake in removing birthright citizenship, and the importance to the members of many faith and immigrant groups of maintaining it
What is birthright citizenship?
Birthright citizenship is the principle that grants citizenship to anyone born within a country’s borders, regardless of their parents’ nationality. Birthright citizenship is also known as jus soli (“right of the soil”) and contrasts with jus sanguinis (“right of blood”) where citizenship is granted based on the nationality of the parents. Just over three dozen countries have birthright citizenship, which ensures a clear legal status for children born in the country, prevents statelessness, and encourages integration of newcomers.
How does birthright citizenship work in the United States?
Birthright citizenship is a right guaranteed by the 14th Amendment of the U.S. Constitution, first established to protect people freed from enslavement following the Civil War. In every subsequent generation, any children born in the United States automatically received citizenship. This is a major contributing factor to America’s diversity, and is the reason why generation after generation of immigrants from Ireland to Russia to Japan to Vietnam to Afghanistan have found a permanent home here for their families and contributed to the diversity that defines the nation.
On the Offense: HIAS Files Multiple Legal Challenges to the Trump Administration’s Attacks
Read MoreHow much does the Supreme Court case about birthright citizenship matter?
The case was filed in response to the Trump Administration’s blatantly unconstitutional attempt to remove access to birthright citizenship, via executive order, on their first day in office. It is one of the largest and most important legal challenges to the Trump Administration’s immigration agenda.
The Supreme Court will hear oral arguments in Trump v. Barbara on April 1, 2026, and the outcome will be extremely consequential. The decision of the Court will either uphold the constitutional right of birthright citizenship, or it will fundamentally reshape America’s legacy as a country that welcomes immigrants. A decision supporting the executive order could have an immediate impact on non-citizen families in the United States.
What can happen without birthright citizenship?
Every country creates its own rules for how people receive and lose citizenship. Some countries grant nationality to children born within their territory, while others grant nationality to the children of their citizens, even if they are outside of the country. People can become stateless if they fall into the gaps between these laws.
As a global organization, HIAS works in countries that have birthright citizenship (like the United States) and countries that do not, and has insight into the harsh reality for the approximately 4.4 million stateless people globally, who have no legal documentation and are denied many basic rights such as education, healthcare, employment, housing, marriage, and more. You can learn more about statelessness here, and HIAS’ work around the world to provide legal services, community-based mental health care, and other protections.
How can I get involved and stand up for birthright citizenship?
HIAS will join the ACLU, the other partners in our amicus brief, and many other organizations for a rally in front of the Supreme Court at 10am on April 1. Please consider joining to show your support.
The Supreme Court may take months to issue a decision in this case. While that happens, in a moment that refugees and immigrants are under attack, HIAS has resources for individuals and congregations to take action to protect immigrant communities in the United States.
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