Durbin Delivers Opening Statement During Senate Judiciary Subcommittee Hearing On Birthright Citizenship

Durbin Delivers Opening Statement During Senate Judiciary Subcommittee Hearing On Birthright Citizenship

Durbin: "We're here today to talk about an effort-by the President of the United States-to undermine the Constitution and overturn black letter constitutional law and statute by royal fiat."

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, delivered opening remarks in today's Senate Judiciary Subcommittee hearing on birthright citizenship as President Trump continues his threats against it.

Last month, Durbin, along with U.S. Senator Jacky Rosen (D-NV), led a group of 216 House and Senate Democrats in filing a bicameral amicus brief standing up for the essential constitutional principle of birthright citizenship in Trump v. Barbara, currently before the Supreme Court with oral arguments scheduled for April 1, 2026. The Democratic lawmakers argue that President Donald Trump's week-one executive order to strip the guarantee of citizenship provided to children born in America violates the Constitution and over a century of Supreme Court rulings, as well as laws enacted by Congress. As the Trump administration's cruel and reckless immigration policies continue to inflict chaos on communities across the country, the lawmakers affirmed that the Fourteenth Amendment provides Congress with authority to enforce the constitutional guarantee of birthright citizenship.

Key quotes:

"To quote former Chairman of the Joint Chiefs of Staff, General Mark Milley: 'We don't take an oath to a king, or a queen, or to a tyrant or dictator, and we don't take an oath to a wannabe dictator…. We take an oath to the Constitution, and we take an oath to the idea that is America….' We're here today to talk about an effort-by the President of the United States-to undermine the Constitution and overturn black letter constitutional law and statute by royal fiat."

"Section One of the Fourteenth Amendment reads, [in part] 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States….' In 1898, the Supreme Court held that the Citizenship Clause of the Fourteenth Amendment guarantees citizenship to the children of foreigners present on U.S. soil, even if their parents are not eligible to become U.S. citizens."

"In 1952, Congress enshrined this holding into law. Birthright citizenship is the law of the land. But President Trump issued an executive order attempting to end birthright citizenship anyway guaranteed by the Constitution."

"President Trump's illegal birthright citizenship order is not just an attack on our Constitution. It's an attack on millions of immigrants who have contributed in countless ways to our culture and our economy. But this isn't just about notable birthright citizens. This executive order would create a permanent underclass of American-born children who would contribute to our nation and yet be denied the opportunity of citizenship."

"As General Milley said, our oath is to the Constitution and the idea of America-and the America I love is [one] that rejects caste systems of residents and welcomes the contributions of immigrant families."

"One week ago, Secretary Kristi Noem walked in and sat at this table. Forty-eight hours [later], she was removed as the Secretary of the Department of Homeland Security. What is at stake here is a national conversation about immigrants… My mother was an immigrant to this country. My two brothers were born before she became a naturalized citizen. Is there any question [that they are citizens?] They served in our United States Navy. There is no question [they are citizens] in my mind."

"If [immigrants] are making an honest contribution, they shouldn't be rounded up in a mass deportation [effort]… [President Trump said he would go after] the 'worst of the worst'-[but] they are rounding up American citizens and endangering them."

"Let us end this fear and hatred [toward] immigrants."

Video of Durbin's opening statement is available here.

Audio of Durbin's opening statement is available here.

Footage of Durbin's opening statement is available here for TV Stations.

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