NHCSL Applauds SCOTUS Decision to Uphold Birthright Citizenship

WASHINGTON, DC — In response to the United State’s Supreme Court (SCOTUS) landmark ruling in Trump v. Barbara, the National Hispanic Caucus of State Legislators (NHCSL) released the following statement:

Today, the Supreme Court upheld the fundamental constitutional right that children born on U.S soil are American citizens, regardless of race, ethnicity or lineage.

By striking down President Trump’s executive order, the Supreme Court recognizes that being an American is not defined by a proven “domicile” or parentage, but by the groundbreaking idea that all peoples yearn for the democratic values of our Constitution and that all those born here should have the equal opportunity to make the most of those democratic rights.

The 14th Amendment was created to ensure the question of who is an American citizen does not lie in the hands of politicians or judges after the oppressive ruling in Scott v. Sandford, where a person of African descent, whether enslaved or free, was not deemed an American citizen. Since 1868, all persons born in the United States are American, reflecting a simple and powerful pillar of our society, equality under the law.

No president has the power, and much less the authority, to erase constitutional rights. This morning’s decision reaffirms one of our nation’s most fundamental constitutional principles: that the Constitution cannot be rewritten by executive order or for partisan gain. The ruling strengthens an enduring guaranteed protection for the fourteenth amendment that should never again be subject to doubt.

Although this decision represents an important constitutional victory, we are deeply concerned by the number of justices who did not adhere to the clear letter of the Constitution and longstanding precedent. As a caucus of elected officials, we remain vigilant in defending the rule of law that protects the sacred rights of our communities.

The passing of this ruling signifies our commitment to the purpose our country was founded upon, to be a place where all are welcome and where opportunity is endless for those who seek it.

For Hispanic families, this case was about more than a constitutional interpretation of American principles. This decision indicated a threat to whether their children born on American soil could have their citizenship questioned simply because of their parents' immigration status. At a time when many immigrant families are already living with profound uncertainty and fear, this challenge struck at one of the most fundamental promises of our Constitution. Today NHCSL stands with Hispanic families and all immigrant communities that continue to face political, legal, and even constitutional attacks on their dignity and belonging. You belong. Your children belong. And the Constitution belongs to all of us.

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The National Hispanic Caucus of State Legislators (NHCSL) is the premier national association of Hispanic state legislators working to design and implement policies and procedures that will improve the quality of life for Hispanics throughout the country. NHCSL was founded in 1989 as a nonpartisan, nonprofit 501(c)(3) organization with the mission to be the most effective voice for the more than 470 Hispanic legislators. For more information visit www.nhcsl.org.