Over 140 local governments urge court to stop Trump’s executive order ending birthright citizenship

For immediate release: February 26, 2026

Media contact: Jackie Jena, jackie@publicrightsproject.org

WASHINGTON — Today, more than 140 local governments and leaders across 26 states filed an amicus brief in Trump v. Barbara urging the U.S. Supreme Court to reject the Trump administration’s executive order eliminating birthright citizenship.

The brief argues that the January 2025 executive order is unconstitutional, will unleash irreparable harm for all Americans and put local governments on the frontlines of chaos. The coalition is asking the Supreme Court to block the executive order from going into effect.

“The administration’s baseless attempt to end birthright citizenship is blatantly illegal,” said Jill Habig, CEO of Public Rights Project. “This executive order isn’t just about the law — it’s about who gets to be an American. It will fracture communities, stifle economic growth and thrust children into lifelong instability. Cities are standing together to ensure everyone born here has full access to our constitution’s rights and protections.”

Birthright citizenship grants American citizenship to nearly all children born in the United States.  It applies regardless of the parents’ immigration status and has been recognized by the Constitution, Congress and every court since it was established in 1868. 

The brief documents the widespread impacts on local governments if this long-standing right is upended, including:

• A surge in residents without legal status: The executive order would create a new, multi-generational “subclass” of residents targeted by discrimination.

• Thousands excluded from American life: Residents would be thrust into lifelong instability and unable to participate in crucial aspects of American life – including voting, serving in elected office and getting a driver’s license.

• Increased strain on local governments: Cities will confront higher rates of illness, decreased school funding, greater food insecurity and stifled economic growth in places that profit from universities and research centers.
• Severe public health impacts: Thousands of children will be cut off from access to health care and from essential public benefits, increasing preventable disease, hunger and poverty throughout the nation.
• Eroding community cohesion: Stripping U.S.-born children of citizenship will cause stigma and social exclusion and put immense mental and social strain on affected families.
• New burdens for all Americans: With a birth certificate no longer proving citizenship, all citizens will face new processes and obstacles to long-established systems, such as getting a passport. Anyone born after the executive order takes effect will need to prove their parents’ citizenship status.
  

Public Rights Project served as counsel and filed this brief as part of Trump v. Barbara, filed in September 2025. The full list of mayors, cities and counties that joined is included in the brief. 

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Public Rights Project
As a nonpartisan nonprofit organization, Public Rights Project helps local government officials fight for civil rights. We do this by building their capacity to protect and advance civil rights, convening and connecting them on issues of civil rights, and providing legal representation to governments to help them win in court on behalf of their residents. Since our founding, we’ve built a network of over 1,300 partners, including elected officials and 227 government offices across all 50 states, and helped recover over $46 million in relief for marginalized people. www.publicrightsproject.org