'The harm is real': LA leaders warn fight isn’t over after SCOTUS upholds birthright citizenship

On Tuesday morning, just days before the United States turns 250 years old, the Supreme Court rejected President Donald Trump's executive order attempting to end birthright citizenship. 

The order, issued on Trump's inauguration day, declared that children born to people who are in the United States illegally or temporarily were not to be considered American citizens and instructed federal agencies not to recognize them as such. 

In a 6-3 ruling in the official case known as Trump v. Barbara, the justices ruled that the president cannot change the definition of birthright citizenship by executive action, citing the 14th Amendment of the Constitution adopted after the Civil War. 

Latinos would have been disproportionately affected by the policy. In 2022, 75% of all children in the U.S. (newborn to 17 years old) with noncitizen parents were Latino, equating to about four million children, as stated by the UCLA Latino Policy and Politics Institute (LPPI). The Pew Research Center also found that more than 250,000 babies are born to undocumented immigrant parents in the U.S. each year. 

For almost a year and a half, local, state and national leaders and organizations have fought against the executive order. Today, many of those organizations and state leaders applauded Tuesday’s ruling by the Supreme Court. 

Angelica Salas, executive director of the Coalition for Humane Immigrant Rights (CHIRLA), said today’s victory is not only for immigrant families but also for Americans who believe in fairness and the U.S. Constitution.

“Birthright citizenship is more than a legal principle,” she said. “It is a declaration of who we are and who we aspire to be: a nation where every child born here belongs, where equality is protected, where families can stand secure and where our shared future is built not by fear, but by hope.”

In a press conference held on Tuesday morning, Salas, along with other local leaders, said that despite this win, the work to protect immigrant families must continue and made a call for a pathway to citizenship for thousands of immigrants. 

“Our vision of a free United States of America goes beyond this important victory. A nation that truly believes in belonging cannot leave millions of immigrant neighbors, workers, parents and community members living without the security and recognition they deserve,” she said. “We will continue fighting for meaningful pathways to citizenship so that every person who calls this country home can fully belong, fully participate and fully thrive.” 

Lower courts had previously blocked the order, citing likely violations of the 14th Amendment’s citizenship clause, but challenges to it move forward continued. In April, the Supreme Court finished hearing oral arguments regarding the challenge to the Trump administration's birthright citizenship executive order.

For other organizers, the case was never about the law. 

Lindsay Toczylowski, chief executive officer and co-founder of the Immigrant Defenders Law Center (ImmDef), said Stephen Miller, who serves as the deputy chief of staff for policy and Homeland Security advisor in Trump's administration and is the chief architect of the administration's expansive immigration crackdown and mass deportation initiatives, had other motives to pursue this case.

“Stephen Miller knew this racist, xenophobic attack on a core constitutional right would fail in court and he pursued it anyway because the real objective was to make some citizens seemingly worth less than others. While we are pleased to see that the Court did not hand the Trump administration another politicized win on immigration, we must reflect today on what we have collectively lost as a country,” she said.

Toczylowski said that more than celebrating the court ruling, it is time to “reflect on the damage this case has done to our democracy.” 

“Even as birthright citizenship prevailed, the harm is real and it demands a response from all of us,” she said. “The struggle for the future of our country is a fight we can win, but only if we channel our rage at what happened in this case into action for a more just future."

As previously reported by CALÓ News, Trump's attempt to terminate birthright citizenship would also have health and social impacts.

Last year, a LPPI study, along with testimonies from local health organizations like the Children’s Institute, indicated that anti-immigration policies like that decided by Trump v. Barbara prevent families from accessing essential services, leading to worse health outcomes.

Last spring, a representative from the Children’s Institute told CALÓ News that they had witnessed a decline in the utilization of their mental health services.

Lupe M. Rodríguez, executive director of the National Latina Institute for Reproductive Justice, said birthright citizenship should never have been brought to the highest court. 

"This case was just another part of the Trump administration’s extreme agenda to punish and terrorize immigrant communities. Every day, we see the impact of anti-immigrant policies as our homes are invaded, our families are separated and pregnant people are illegally detained and denied access to the care they need,” she said. “While this case and its threat to our rights may be over for now, we know that attacks on immigrant communities will continue and so we will continue building power in Latine and immigrant communities and fight for a future of salud, dignidad y justicia, [a] future we all deserve.”

Trump has responded to today's Supreme Court ruling, calling the decision “too bad for our country” on Truth Social. 

In the same statement, he calls on Congress to legislate an end to the constitutional guarantee of automatic citizenship. “We can easily make it up in Congress through legislation, with the support of the president, that has now been determined during this process. No long and unwieldy constitutional amendment is necessary!”