Rosen, Durbin Lead Senate Democrats in Requesting Supreme Court Protect Birthright Citizenship Against Trump Attacks

WASHINGTON, DC - Last week, U.S. Senator Jacky Rosen (D-NV) and Democratic Whip Dick Durbin (D-IL) led 27 of their Senate colleagues in requesting that the U.S. Supreme Court protect birthright citizenship and strike down Donald Trump's unconstitutional attempts to take it away. Alongside colleagues from the House of Representatives, the senators filed an amicus brief in Trump v. Barbara, currently before the Supreme Court, with oral arguments scheduled for April 1, 2026, in which they argue that Trump's Executive Order to strip automatic citizenship from children born in the United States violates the U.S. Constitution and over a century of Supreme Court rulings, as well as laws enacted by Congress.

"The U.S. Constitution is clear: children born in the United States are American citizens," said Senator Rosen. "We're submitting this brief requesting that the Supreme Court upholds the Constitution and puts an end to Donald Trump's illegal attempt to revoke citizenship from children born in the United States once and for all."

"The Supreme Court must uphold well-established law and century-old precedent that children born in America are U.S. citizens," said Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee. "Children born here have only ever known America as their home-and they are just as American as every other citizen. President Trump can't rewrite the Constitution by royal fiat."

The amicus brief was also signed by Minority Leader Chuck Schumer (D-NY), and Senators Patty Murray (D-WA), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), John Fetterman (D-PA), Ruben Gallego (D-AZ), John Hickenlooper (D-CO), Mazie Hirono (D-HI), Mark Kelly (D-AZ), Amy Klobuchar (D-MN), Ben Ray Lujan (D-NM), Edward Markey (D-MA), Jeffrey Merkley (D-OR), Alex Padilla (D-CA), Jack Reed (D-RI), Adam Schiff (D-CA), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

The full amicus brief can be found HERE.

Senator Rosen has led Congressional efforts to protect automatic citizenship for children born in the U.S. Last year, she introduced a bill to block implementation of Trump's Executive Order attempting to revoke automatic citizenship for children born in the United States. She has consistently spoken out against harmful court decisions allowing unconstitutional actions, such as this Executive Order, to go into effect.

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