WASHINGTON, D.C. – FWD.us President Todd Schulte issued the following statement today after the U.S. Supreme Court ruled in Trump v. Barbara that President Trump's executive order ending birthright citizenship is unconstitutional:

“Birthright citizenship has been an incredible benefit to this country, clearly and fully enshrined in the Constitution after Congress and the States adopted the Fourteenth Amendment as a centerpiece of Reconstruction, guaranteeing all children born in the U.S. are citizens. After a series of devastating immigration decisions, we’re glad for this good one, which affirms what the Constitution and four prior decisions have made entirely clear. 

“Today’s decision, however, doesn’t protect the nearly 400,000 U.S. citizen children who could still be separated from their parents because of last week's Temporary Protected Status ruling. The consequences for 1.3 million individuals with TPS and another 800,000 of their U.S. citizen spouses and children are dire. The administration should reverse course on TPS, and Congress must also pass legislation providing a pathway to citizenship.

“Since January of 2025, the administration pushed its clearly unlawful executive order on Birthright Citizenship as a heat shield, designed to both draw attention away from dozens of other devastating policies, and also to provide the Court an option to strike down an executive order so clearly unlawful that the President himself has been predicting a loss for months. In the process, the administration pushed the court to eliminate nationwide injunctions as a check against their unlawful actions. That this was a split decision should also be of the deepest concern.

“As the administration ramps up its deployment of hundreds of billions of dollars to ICE and CBP we know that those they’re pushing out of legal status are at extreme risk of detention and deportation. And it is on us to show up for our neighbors — American families whose lives remain much more at risk after these decisions.”

Background and FWD.us Additional Resources

• National and local organizations have been rallying and marching in support of this case since last year. ASAP, the ACLU, CASA, ICAP and so many others tirelessly advocated to stop these executive orders attacking birthright citizenship.
• FWD.us Policy Brief: Birthright Citizenship