{"id":38146,"date":"2025-05-09T11:08:06","date_gmt":"2025-05-09T15:08:06","guid":{"rendered":"https:\/\/www.commoncause.org\/?post_type=article&p=38146"},"modified":"2025-06-11T15:19:54","modified_gmt":"2025-06-11T19:19:54","slug":"common-cause-takes-legal-action-to-defend-birthright-citizenship","status":"publish","type":"article","link":"https:\/\/www.commoncause.org\/fr\/articles\/common-cause-takes-legal-action-to-defend-birthright-citizenship\/","title":{"rendered":"Common Cause intente une action en justice pour d\u00e9fendre le droit du sol"},"template":"","class_list":["post-38146","article","type-article","status-publish","hentry","article_type-blog-post"],"acf":{"details":{"summary":"We filed an amicus brief with the Supreme Court to fight Trump's attack on birthright citizenship and our constitution. Here\u2019s more information about what that means, why we did it, and what\u2019s at stake.","featured_image":2550,"article_type":1103,"authors":"","related_issues":[2082,2083,129],"related_work":false,"location":null},"sidebar":{"helper_enable_sidebar":false,"helper_media_contact":{"heading":"Media Contact","manually_enter_person":false,"person":"","name":"","role":"","phone":"","email":""},"helper_links_downloads":{"heading":"Links & Downloads","links":null}},"page_layout":[{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"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\u2019s a promise that <\/span>our democracy belongs to all of us<\/b> \u2013 not just to the rich and powerful.<\/span>\r\n\r\nNow, <\/span>President Trump is trying to tear that promise away<\/b>. So, in response, immigrant rights organizations and civil rights advocates sued the Trump administration over an executive order that <\/span>unconstitutionally attempts to end birthright citizenship.\u00a0<\/b>\r\n\r\nFortunately, 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.<\/span>\r\n

What is an <\/span>amicus <\/span><\/i>brief?<\/span><\/h3>\r\nUn <\/span>amicus curiae <\/span><\/i>means a \u201cfriend of the court.\u201d It refers to a person or group that isn\u2019t 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.<\/span>\r\n\r\nAmicus <\/span><\/i>briefs are filed by one of these \u201cfriends of the court\u201d 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 <\/span>amicus <\/span><\/i>brief to shed light on how the ruling will impact our air and water.<\/span>\r\n

Why did Common Cause get involved in <\/span>Trump v. CASA Inc.?<\/span><\/i><\/h3>\r\nCommon Cause filed an amicus brief in this case for two key reasons.\u00a0<\/span>\r\n\r\nFirst, we believe the executive order at the center of the case \u2013 an attempt to end birthright citizenship \u2013 is a <\/span>direct violation of the U.S. Constitution and a threat to our democracy.<\/b> The 14th Amendment clearly states that <\/span>anyone born in the United States is a citizen.<\/b> No exceptions. Trump\u2019s 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.\u00a0<\/span>\r\n\r\nSecond, we are deeply concerned by the Trump administration\u2019s broader effort to weaken the power of the federal courts. The executive order not only threatens citizenship rights, but it also <\/span>challenges the ability of courts to block any unconstitutional executive actions<\/b>. This is a dangerous step toward undermining the checks and balances that protect our democracy.<\/span>\r\n\r\nOn April 29th, Common Cause <\/span>filed<\/span><\/a> un <\/span>amicus<\/span><\/i> brief in <\/span>Trump v. Casa Inc., <\/span><\/i>the case challenging Trump\u2019s effort to narrow the definition of birthright citizenship.<\/span>"}},{"acf_fc_layout":"layout_pull_quote","_acfe_flexible_toggle":"","component_pull_quote":{"quote":"\u201cThe United States has presidents, not kings, and our constitution cannot be overruled by executive order. Just because President Trump wants to get rid of birthright citizenship, does not give him the power to do so.\u201d ","attribution":"Virginia Kase Solom\u00f3n, Common Cause President & CEO"}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"

Why Birthright Citizenship is Important to Democracy<\/span><\/h3>\r\nBirthright 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. <\/span>It prevents the government from picking and choosing who counts as American based on politics or prejudice.\u00a0<\/b>\r\n\r\nThis 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.<\/span>\r\n\r\nBeing 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.<\/span>"}},{"acf_fc_layout":"layout_image","_acfe_flexible_toggle":"","component_image":{"image":2347,"width":"medium"}},{"acf_fc_layout":"layout_wysiwyg","_acfe_flexible_toggle":"","component_wysiwyg":{"content":"

What\u2019s at risk if Trump gets his way?<\/span><\/h3>\r\nWithout 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.<\/span>\r\n\r\nHere\u2019s what\u2019s at risk if the Trump administration is allowed to bulldoze the Constitution and eliminate birthright citizenship:<\/span>\r\n