WASHINGTON — In a major victory, the U.S. Supreme Court today ruled that President Donald Trump’s executive order seeking to restrict birthright citizenship is unconstitutional. The American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Legal Defense Fund, Asian Law Caucus, and the Democracy Defenders Fund brought the successful challenge in Trump v. Barbara on behalf of children who would have been denied citizenship under the order.
In its 6-to-3 decision, the court struck down the president’s 2025 executive order, which sought to strip citizenship from American children born to undocumented parents. The decision reaffirms that birthright citizenship is guaranteed by the Constitution and rejects President Trump’s attempt to redefine who is an American citizen through executive action.
The following are reactions to today’s ruling:
“The court’s decision reaffirms a fundamental American promise — if you are born here, you are a citizen,” said ACLU National Legal Director Cecillia Wang, who argued the case at the Supreme Court. “A president cannot change the Constitution by executive fiat. Our brave clients and our legal team stand with millions of people around our country who spoke up for one of our most cherished rights. The Constitution’s guarantee of birthright citizenship stands strong.”
“With a 6-3 judgment from the U.S. Supreme Court, President Trump suffered a stunning loss on a signature order he signed on day one of his presidency,” said ACLU Executive Director Anthony D. Romero. “This was one of the most important constitutional cases of the past 100 years. The president bet his legacy trying to secure this policy win — even attending the argument in person — and he lost. It was especially gratifying that the majority opinion was authored by Chief Justice Roberts, and that Trump appointees Brett Kavanaugh and Amy Coney Barrett agreed with the decision to strike down the order.”
“This ruling affirms a fundamental and inescapable principle: that everyone born in the United States is entitled to the same rights and protections,” said Carol Rose, executive director at the ACLU of Massachusetts. “Bigotry and bluster cannot change that. And the president cannot rewrite the Constitution. This ruling should make that abundantly clear. The ACLU of Massachusetts is proud to be involved in this historic case, and together with our colleagues and allies across the nation, we will continue to build on the inviolable principles of liberty, equality, and justice for all.”
“The Constitution, not the president, defines who is a citizen. And the 14th Amendment makes clear that every child born on U.S. soil is a citizen. Today, a narrow majority of the U.S. Supreme Court affirmed these unequivocal truths,” said Janai Nelson, president and director-counsel of the Legal Defense Fund. “We cannot and will not turn our attention away from the fact that what should have been 9-0 decision instead revealed that four justices agreed to varying degrees with the president’s desecration of the Constitution. Nor does this absolve the court of its countless decisions that have violated decades of precedent and established doctrine at the expense of Black people, communities of color, and immigrants. Nonetheless, today, we applaud this significant win.”
“This is an important victory for all Americans, including Asian Americans who have been told for generations that we don't belong here, and who have been part of the fight for birthright citizenship from the start,” said Aarti Kohli, executive director of the Asian Law Caucus. “Wong Kim Ark was born just blocks from the Asian Law Caucus. We and our immigrant clients have continued the same fight for full and equal membership in this country. Today, the court reaffirmed what we've always known: We are American, and we are here to stay.”
Amb. Norm Eisen (ret.), co-founder and executive chair of Democracy Defenders Fund, said, “Today’s ruling is more than a legal landmark. It is a human one. For more than a century, birthright citizenship has been a cornerstone of equal citizenship and national belonging in our country. This decision reaffirms that fundamental guarantee — no president has the power to decide who is entitled to the rights our Constitution protects. Americans’ rights cannot simply be erased by the Trump administration’s reckless executive actions.”
SangYeob Kim, director of the ACLU-NH Immigrants’ Rights Project, said, “This decision is about what it means to be an American under our Constitution, and the court’s unwavering opinion makes clear that if you are born here, you are a citizen. We thank the brave immigrant parents and their children who brought this lawsuit to the highest court in the land to protect what we have long known: no politician — including the president — can decide who is worthy of citizenship. We share in their overwhelming emotions, and relief, in our fight to protect the constitutional rights for all born in our nation.”
“Today's decision is a victory for immigrant families and maintains over 150 years of legal and bipartisan consensus: that at our best, America is and has always been a nation of immigrants,” said ACLU of Maine Executive Director Molly Curren Rowles. “Our cultural diversity and openness to ideas, innovation, and free expression rest on the principle of equality under the law. While we never should have had to bring this case, this decision can form the foundation of a renewed commitment to our audacious and visionary multicultural democracy.”
The Supreme Court heard oral arguments on April 1, 2026.
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