Court Cases | Page 8 of 190 | American Civil Liberties Union

Question 1

What is birthright citizenship?

Accepted Answer

Birthright citizenship is the principle that all children born in the United States (aside from ambassadors' children) are U.S. citizens. And it's one of the clearest statements of who we are as a country. No matter who your parents are, if you're born here, you belong here.

Birthright citizenship is guaranteed by the Fourteenth Amendment to the United States Constitution and confirmed by the Supreme Court in United States v. Wong Kim Ark in 1898.

Because birthright citizenship is protected in the Constitution, it can only be taken away by amending the Constitution, not by executive order.

Question 2

What is President Trump’s executive order restricting birthright citizenship?

Accepted Answer

On January 20, 2025, President Trump signed an executive order to limit birthright citizenship. The executive order is currently blocked and not in effect. However, as written, it would deny citizenship for children born in the United States who are:

Born after February 19, 2025, and
Born to a father who is not a U.S. citizen or lawful permanent resident, and
Born to a mother without lawful status or present on a "lawful but temporary" basis.

This means that a child would not be a citizen unless either their father was a citizen or green card holder, or their mother was a citizen, green card holder, refugee, or asylee.

Question 3

What would happen to families and communities if birthright citizenship were taken away?

Accepted Answer

If the Supreme Court allows the executive order to take effect, the consequences will be immediate and devastating.

Babies born in the U.S. to non-citizen parents who are temporarily or lawfully present — including legal visa holders, DACA recipients, and those with humanitarian protections — would no longer be considered citizens at birth. These babies would be left in legal limbo, creating a permanent, multi-generational subclass denied citizenship, legal identity, and basic protections. Children could face arrest and deportation even though their parents, such as someone living in the U.S. legally on a work visa, might be allowed to remain lawfully in the country.

Question 4

What is a class action lawsuit? Does this lawsuit protect me?

Accepted Answer

A class action is a lawsuit where one or more individuals sue on behalf of a larger group of people. The full group of people who can get relief is known as the "class" or "class members."

Barbara v. Trump is a class action. In this case, all children born on or after February 20, 2025 are part of the class if: (1) their father was not a United States citizen or lawful permanent resident at the time of their birth, and (2) their mother's presence in the United States was unlawful or lawful but temporary at the time of their birth.

The class in Barbara v. Trump includes all children born in the United States who are affected by the executive order, regardless of the state in which they are born.

Question 5

Do I need to do anything to make sure my baby is covered by the class action?

Accepted Answer

No. All babies born in the U.S. to parents who are temporarily or unlawfully present after February 19, 2025 (in every state, including those that are not a named party to a birthright citizenship lawsuit), are covered by the class in this case and are protected against the executive order.

Question 6

How long will President Trump’s executive order remain blocked?

Accepted Answer

President Trump's executive order will remain blocked at least until the Supreme Court issues a decision in the case; if the Supreme Court sides with the class, the executive order will be permanently blocked. Oral arguments will take place on April 1, 2026, and a decision could come any time before the term ends in late June or early July.

We will update this page with more information as the case progresses.

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