WRC Statement On Supreme Court Birthright Citizenship Decision

Washington, DC — The Women’s Refugee Commission (WRC) today released the following statement in response to the United States Supreme Court’s decision in Trump v. Barbara. The Court affirmed that all children born on US soil are citizens, regardless of their parents’ citizenship.

“This decision affirms what the Constitution makes clear: Every child born on US soil is a citizen and entitled to the full rights and privileges of citizenship, regardless of their parents’ immigration status,” said Zain Lakhani, Director of Migrant Rights and Justice at WRC. “But even as we celebrate this victory, we must ensure that every child can fully enjoy the rights and protections they are owed.

“Equality of citizenship is a core constitutional principle; all citizens are guaranteed the same rights and privileges under the law,” Lakhani continued. “But today’s Supreme Court decision alone is not enough to guarantee that those rights are meaningful for all children born in the United States. Over the past year, Congress and the Trump administration have enacted policies that undermine that principle and deny US citizen children rights and benefits simply because of their parents’ immigration status. This includes support that keeps food on the table and a roof overhead. The administration’s immigration enforcement policies and practices also undermine the rights of children, including those whose parents are deported without the opportunity to bring their children with them or arrange for them to live with a safe caregiver in the United States.

“Citizenship is only meaningful if it is equal for everyone. We will continue to work alongside families, communities, and lawmakers to ensure that all children can enjoy the rights of citizenship that the Constitution guarantees.”

Background

The Women’s Refugee Commission has firsthand experience in countries that deny children citizenship when one parent is not a citizen. Through the Global Campaign for Equal Nationality Rights, WRC works to promote equal citizenship laws in the 24 countries that prevent women from passing citizenship to their children on the same basis as men. In those countries, a child born to a citizen mother and a noncitizen father do not have the right to inherit their mother’s citizenship, in many cases making them unable to equally access education, healthcare, and other social services, and in some instances rendering children stateless.

Leveraging this expertise, WRC contributed to an amicus brief filed in support of respondents in Trump v. Barbara, sharing firsthand evidence of the negative impact on children who are denied equal citizenship because of a parent’s immigration status.

WRC also works extensively to prevent and respond to family separation and promote policies that support parents’ ability to make decisions about their children’s care, including collecting firsthand evidence of family separation among deported parents in Honduras. We also supported the introduction of the Humane Enforcement and Legal Protections (HELP) for Separated Children Act.. This legislation would codify critical protections for detained parents facing deportation and establish safeguards to prevent family separation, ensure parents can make critical decisions about what happens to their children if they are detained or deported, and establish systems to promote family reunification.

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