Kelly, Gallego challenge birthright citizenship restrictions in amicus brief - AZPM News

Senators Mark Kelly and Ruben Gallego are among more than two dozen lawmakers challenging the Trump administration’s restrictions on birthright citizenship. Last week, the senators signed onto an amicus brief in Trump v. Barbara — a class action lawsuit against the president.

Shortly after his inauguration in 2025, Trump issued an executive order attempting to restrict citizenship for certain people born in the United States — based on the immigration status of their parents. Critics and civil rights groups argue that birthright citizenship is protected under the U.S. Constitution’s 14th Amendment.

“If you’re born in the United States of America, you are an American,” Kelly said in a statement. “[Trump] thinks he can rewrite our Constitution and target children who have never lived anywhere else and are as American as my own kids.”

Trump v. Barbara

The Trump v. Barbara lawsuit, which was filed last year by immigrant rights groups, includes plaintiffs of varying immigration statuses whose children, though recently born in the United States, could be denied citizenship under Trump’s executive order.

For instance, the lawsuit’s initial complaint describes one plaintiff — identified under the pseudonym “Barbara” — as a citizen of Honduras with a pending asylum application. Barbara’s husband, the lawsuit notes, is undocumented. Trump’s executive order could affect the citizenship of Barbara’s soon-to-be-born child, the complaint alleges.

“Barbara fears that under (Trump’s executive order), her child will be denied U.S. citizenship at birth,” the complaint states. “She fears her child will be unjustly denied the security, rights, and opportunities that come with U.S. citizenship, leaving their future in doubt.”

The Supreme Court will hear arguments in the case on April 1.

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