Birthright citizenship is a core democratic principle that affirms everyone born on U.S. soil is a full citizen, regardless of race, heritage, or who your parents are. It’s a promise that our democracy belongs to all of us – not just to the rich and powerful.

Now, President Trump is trying to tear that promise away. So, in response, immigrant rights organizations and civil rights advocates sued the Trump administration over an executive order that unconstitutionally attempts to end birthright citizenship. 

Fortunately, lower courts blocked the order since it was likely to be proven that it was both an overreach of his executive authority and a violation of the 14th Amendment. Now the issue is before the Supreme Court, and they will decide whether the Executive Order will be allowed to stand.

What is an amicus brief?

An amicus curiae means a “friend of the court.” It refers to a person or group that isn’t a party to the case at hand, but has relevant insight that the court might want to consider when hearing the case. Often, these are nonprofits (like Common Cause), interest groups, businesses, academic institutions, or government entities.

Amicus briefs are filed by one of these “friends of the court” to help the judge understand the broader consequences that their ruling may have. For example, a case about regulating pollution might be between the government and a natural gas company, but an environmental organization could file an amicus brief to shed light on how the ruling will impact our air and water.

Why did Common Cause get involved in Trump v. CASA Inc.?

Common Cause filed an amicus brief in this case for two key reasons. 

First, we believe the executive order at the center of the case – an attempt to end birthright citizenship – is a direct violation of the U.S. Constitution and a threat to our democracy. The 14th Amendment clearly states that anyone born in the United States is a citizen. No exceptions. Trump’s executive order would take away that right from certain people, which goes against the plain language of the Constitution and over a century of legal precedent. 

Second, we are deeply concerned by the Trump administration’s broader effort to weaken the power of the federal courts. The executive order not only threatens citizenship rights, but it also challenges the ability of courts to block any unconstitutional executive actions. This is a dangerous step toward undermining the checks and balances that protect our democracy.

On April 29th, Common Cause filed an amicus brief in Trump v. Casa Inc., the case challenging Trump’s effort to narrow the definition of birthright citizenship.

Why Birthright Citizenship is Important to Democracy

Birthright citizenship is crucial to our democracy because it promotes equal rights and treatment under the law for anyone born in the United States, no matter their race, religion, or beliefs. It prevents the government from picking and choosing who counts as American based on politics or prejudice. 

This principle was added to the Fourteenth Amendment after the Civil War to make sure that formerly enslaved people and their children were recognized as full citizens (although for many years after, Black Americans and other racial minorities were still denied many of the rights that come with citizenship). Today, it continues to protect people from being excluded or marginalized simply because of who their parents are.

Being a citizen comes with essential rights, namely the right to vote and participate in our democracy, as well as important freedoms, like the freedom to live and work in the United States without fear of losing your legal status and facing deportation.

What’s at risk if Trump gets his way?

Without birthright citizenship, some people will be born here, live here, work here, and contribute to their communities, but be denied rights, representation, and a voice in our democracy.

Here’s what’s at risk if the Trump administration is allowed to bulldoze the Constitution and eliminate birthright citizenship:

• Voting Rights: Only U.S. citizens can vote in federal elections, so if Trump has the power to say who is or isn’t a citizen, that means he has the power to say who can and can’t vote. 
• Family Separation: Babies born on U.S. soil to American families could be processed without legal status, and then potentially removed or separated from their families. 
• No Legal Checks: If the Supreme Court doesn’t enforce the Constitution, this administration will have even more freedom to throw out our Constitution and hurt people across the country with no consequences.

What’s next?

The Supreme Court is set to hear arguments in the case on May 15th, and Common Cause will be watching closely to see what the next steps are. We are committed to protecting all Americans, and we will not stand by while the Trump administration attacks our constitutional rights and our justice system.

You can read our amicus brief here.