Trump’s Birthright Citizenship Attack Struck Down

On October 3, the U.S. Court of Appeals for the First Circuit delivered a resounding victory for immigrant communities by striking down the Trump Administration’s discriminatory birthright citizenship policy. The policy, which sought to deny recognition to American-born children of immigrant parents, was found to be unlawful. In a sweeping 100-page opinion, the court held that the policy is likely unconstitutional and inconsistent with federal law — affirming that the Constitution’s guarantees extend to every person born on U.S. soil. This decision ensures that American-born children cannot be stripped of their rights based on the immigration status of their parents.

This landmark decision, secured through litigation led by Lawyers for Civil Rights (LCR) on behalf of immigrant families affiliated with the Brazilian Worker Center and La Colaborativa, represents a decisive step forward in dismantling discriminatory Trump Administration policies rooted in anti-immigrant bias.

The court underscored its reasoning in striking terms:
• “[T]he length of our analysis should not be mistaken for a sign that the fundamental question that these cases raise about the scope of birthright citizenship is a difficult one. It is not, which may explain why it has been more than a century since a branch of our government has made as concerted an effort as the Executive Branch now makes to deny Americans their birthright.” Page 8.
• “[T]he Supreme Court has itself repeatedly described U.S.-born children, even of unlawfully present individuals, as citizens.” Page 87.
• The plaintiffs are “likely to succeed on the merits of their claims three times over.” Page 43.
• “[T]he public has a substantial interest in ensuring that those entitled to be recognized as United States citizens are not unlawfully deprived of that recognition.” Page 93.
This appellate court decision sends a clear signal that discriminatory action against immigrants cannot withstand judicial scrutiny.

“This ruling sends a powerful message: all American-born children are citizens and are entitled to fundamental constitutional protections,” said Oren Sellstrom, Litigation Director of LCR, who argued the case in the First Circuit. “The court has made clear that discriminatory policies have no place in our democracy. This victory ensures that immigrant families are not reduced to second-class status and reaffirms that justice applies to everyone.”

Working in partnership with impacted families and community organizations, LCR will continue to defend immigrants’ rights and challenge unlawful government overreach. “Our communities are resilient, and today’s ruling is a testament to the power of standing up for justice,” added Iván Espinoza-Madrigal, the Executive Director of LCR. “But this is only one step in a much larger struggle to build an inclusive society where all people are valued and protected.”