Defending Birthright Citizenship and the 14th Amendment

Birthright Citizenship, which grants citizenship to anyone born on American soil, is a constitutional right that was established more than 150 years ago with the ratification of the 14th Amendment. This right has been reaffirmed numerous times in rulings by the Supreme Court of the United States, and no president has the power to unilaterally alter it or strike it down.

Since President Trump’s attempt to curtail birthright citizenship through an executive order, AAPI New Jersey has been working with partners from across the country to uphold this right. Through educational workshops and community events, we are raising awareness of what’s at stake, teaching the critical role that Asian Americans have played in affirming birthright citizenship, and building  support for this long-standing right to be born here, bloom here, and belong here.

Original text of the 14th Amendment
April 1, 2026 - AAPI New Jersey travels to Washington, D.C. for a rally in defense of Birthright Citizenship in front of the Supreme Court. Photo by Grace Lawson

Timeline

  • July 1868

    • 14th Amendment is ratified, establishing birthright citizenship. The Amendment states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

  • March 1898

    • The Supreme Court rules on United States v. Wong Kim Ark, that children born in the U.S. to foreign parents are automatically U.S. citizens, affirming birthright citizenship as we know it today.

  • January 2025

    • President Trump issues “Citizenship Stripping” Executive Order. On his first day in office, President Trump signed an EO which says citizenship will not be granted to babies born to non-citizens or permanent residents. Multiple legal challenges immediately followed, which led to federal injunctions temporarily blocking the government from implementing the EO. 

  • March 2025

    • Trump administration petitions the Supreme Court to prevent lower-courts from issuing universal injunctions to block an order. 

  • June 27th, 2025

    • The Supreme Court (6-3) rules against some universal or nationwide injunctions, allowing lower courts to decide the scope of others.

    • Hours later, a class-action lawsuit (Barbara v. Trump) is filed on behalf of a proposed class of babies subject to the executive order and their parents. Filing a class-action lawsuit allows the courts to issue an injunction that applies to everyone in that class across the country. 

  • July and August 2025

    • Multiple lower courts rule that the Executive Order is unconstitutional because it directly contradicts language in the Fourteenth Amendment granting citizenship to “all persons born in the United States and subject to the jurisdiction thereof.”

  • September 2025

    • The Trump administration asks the Supreme Court to review the ruling on Barbara v. Trump.

  • December 2025

    • The Supreme Court agrees to hear the Trump Administration’s Challenge to Barbara v. Trump.

  • April 1, 2026

    • The Supreme Court hears oral arguments in Barbara v. Trump.

  • June 30, 2026

Educational Resources

Teach Asian American Stories (TAAS) offers teachers professional development workshops and free resources on the 14th Amendment and Birthright Citizenship.

In partnership with the Asian Law Caucus, these K–12 materials highlight the role of Asian Americans in shaping U.S. citizenship law. Through historical context and classroom-ready resources, they help educators engage students in questions of citizenship, belonging, and constitutional rights.

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AAPI Montclair is now AAPI New Jersey

In 2023, we formally changed our name to AAPI New Jersey to reflect the statewide priorities and activities that this group of committed community members and advocates now supports. 

We continue to host events and programs in Montclair and invite you to explore this site to learn more about the diverse resources and opportunities we offer.

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