From CAPAC
WASHINGTON, D.C. — The House Litigation Task Force, in partnership with Congressional Asian Pacific American Caucus Chair Grace Meng, led 216 House and Senate Democrats in filing a bicameral amicus brief standing up for the essential constitutional principle of birthright citizenship in Trump v. Barbara, currently before the Supreme Court with oral arguments scheduled for April 1, 2026.
The Democratic lawmakers argue that President Donald Trump’s day-one executive order to strip the guarantee of citizenship provided to children born in America violates the Constitution and over a century of Supreme Court rulings, as well as laws enacted by the Congress.
As the Trump administration’s cruel and reckless immigration policy continues to inflict chaos on communities across the country, the lawmakers affirmed that the Fourteenth Amendment provides Congress with authority to enforce the constitutional guarantee of birthright citizenship.
“The Fourteenth Amendment sets out a constitutional minimum—a floor—for birthright citizenship. At a minimum, birthright citizenship must extend to all ‘persons born…in the United States and subject to the jurisdiction thereof.’ But the Fourteenth Amendment does not set out a ceiling. Congress is free to confer birthright citizenship more broadly, to people who do not have citizenship by virtue of the constitutional text,” wrote the amici curiae.
They also argued that the administration’s interpretation of birthright citizenship is legally incoherent, outlining how the order would affect the children of asylum seekers and warning that 1.8 million U.S. citizens born to two unauthorized parents could be at risk of retroactively losing their citizenship.
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