February 26, 2026

Trump v. Barbara (amicus brief): fact sheet

Toplines

Birthright citizenship is a 150+ year old right recognized by the Constitution, Congress, and every court thus far. The 14th Amendment states that nearly all children born on U.S. soil are recognized as citizens at birth.
Communities will face irreparable harm. Children stripped of citizenship will be thrust into lifelong instability and uncertainty — unable to fully participate in American life. It will be harder for all Americans, no matter who their parents are, to prove that they are citizens.
Local governments will be on the frontlines of chaos. Cities will face significant administrative strain while forced to address a wave of unprecedented impacts. Cities will be left to reckon with fractured community cohesion, stifled economic growth and eroded cultural vibrancy.
That’s why cities and counties are standing together. With over 140 jurisdictions and local leaders signing on, representing over 57 million people across the U.S., it’s crystal clear that this executive order will create widespread harm to communities large and small. We will continue fighting to uphold the Constitution and defend the rights of all people in this country.

Birthright citizenship — established by the 14th Amendment — grants American citizenship to all people born or naturalized in the United States. It applies regardless of the parents’ immigration status, meaning that nearly all children born on U.S. soil are recognized as citizens at birth.
Its meaning has been long recognized, enshrined by Congress and repeatedly affirmed by every single court since birthright citizenship was established in 1868.

The brief argues the surge violates the 10th Amendment’s anti-commandeering Under President Trump’s executive order, practically all children whose parents are neither citizens nor permanent residents would be stripped of their birthright citizenship.

The harm to American-born children and their families would create a permanent multi-generational subclass of extremely vulnerable people, some of whom will be stateless.
Eliminating birthright citizenship would make children the target of discrimination and prevent residents from fully participating in important aspects of American life, including enjoying the protections and privileges of citizenship.
Community cohesion that local governments strive to create would be jeopardized and prevent residents from contributing fully to the economic, cultural and social vibrancy of their communities.
All Americans, not just those directly targeted, will be harmed by this drastic disruption to settled law. Without birthright citizenship, norms taken for granted, like using a birth certificate to prove citizenship, will disappear.

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.

Stop the Trump administration from eliminating birthright citizenship by blocking the executive order from going into effect.