Trump v. Barbara — Amicus Brief

STATUS: Pending decision 

COURT: U.S. Supreme Court 

OVERVIEW

On April 1, 2026, the U.S. Supreme Court heard oral argument in Trump v. Barbara, a case challenging Executive Order 14,160, in which President Donald J.Trump sought to redefine the long-settled meaning of the Citizenship Clause of the Fourteenth Amendment to exclude children born in the United States to parents who are temporary or unauthorized immigrants.

Right to Democracy filed an amicus brief on behalf of 21 current and former elected officials and judges from the U.S. Virgin Islands, Puerto Rico, Guam, the Northern Mariana Islands, and American Samoa who span the political spectrum and hold diverse views on questions of political status. They each reject the idea that Congress or the President can—consistent with the Citizenship Clause of the Fourteenth Amendment—unilaterally deny U.S. citizenship to those born under the sovereignty and jurisdiction of the United States. At the same time, they each support the distinct issue of a right to self-determination and decolonization—whether that is towards a continuing or separate relationship with the United States. 

WHY THIS CASE MATTERS

The Citizenship Clause of the Fourteenth Amendment guarantees citizenship to anyone born “in the United States” and “subject to the jurisdiction thereof.” For over a century, the Supreme Court has avoided answering whether people born in U.S. territories —which are indisputably under U.S. sovereignty and jurisdiction—have a constitutional right to citizenship under that Clause. Supreme Court deference to the political branches has left the question of birthright citizenship in U.S. territories subject to political manipulation. This uncertainty is an obstacle to self-determination because it obscures how changes to political status may or may not impact questions of citizenship. 

The Supreme Court's ruling in Trump v. Barbara will not directly resolve the question of birthright citizenship in U.S. territories, but its reasoning could suggest how it might approach that question in the future. 

VOICES FROM THE CASE

“Over the last 125 years, the Supreme Court has avoided answering whether people born under the sovereignty and jurisdiction of the United States have a right to be recognized as U.S. citizens under the Fourteenth Amendment. As a result, presidents and congresses from both parties have claimed the power to unilaterally deny people born in U.S. territories recognition as citizens — even people who have been recognized as U.S. citizens their entire lives. This troubling experience offers a stark object lesson for the Justices as they consider whether to allow the Trump Administration to alter the long-settled meaning of the Citizenship Clause.” — Neil Weare, Co-Director, Right to Democracy

“This is a question about the exercise of power under the U.S. Constitution — can the President or Congress simply decide to exclude groups of people they do not want to be considered U.S. citizens? The U.S. Constitution regulates the power of government and protects its subjects from abuse. Therefore, the Supreme Court can and should answer that question in the negative. The Supreme Court's consistent avoidance of this issue in U.S. territories has created uncertainty and confusion when it comes to our own questions of self-determination and decolonization.” — Adi Martínez Román, Co-Director, Right to Democracy 

“It is essential to recognize the ongoing colonial condition of Puerto Rico, which was not resolved by the mere granting of statutory citizenship. This concession of citizenship did not change the unilateral and undemocratic control that Congress exercises over Puerto Rico, rooted in racist, ethnocentric, political, and colonialist prejudices from the early twentieth century, prejudices we now see reemerging in the Trump Executive Order challenged in this case. To truly understand what this citizenship means today and what it will entail for each of the possible non-colonial status options, we must free Puerto Rico from the doctrines of the Insular Cases and from Congress’s plenary powers. It is imperative to insist that the mistakes of the past not be repeated by granting deference to the political branches that keep us subordinated. Only by dismantling this unilateral control can we finally begin an informed discussion about our status options and our own destiny,” Ana Irma Rivera Lassén, Senator, Puerto Rico (2021-2025)

“Puerto Ricans have historically been subjected to unequal treatment due to our territorial status. Accordingly, we recognize the risk posed by excluding the children of immigrants from the protections guaranteed by U.S. citizenship. Limiting the scope of birthright citizenship, however, would not only affect immigrants, but would also undermine the principle of equality guaranteed by the U.S. Constitution.” –– Zoe Laboy, Senator, Puerto Rico (2017-2019)

“For more than a century, people in U.S. territories have lived with the consequences of constitutional ambiguity, where citizenship can be questioned, limited, or withheld by political decision. The Court should not extend that uncertainty to millions more. Birthright citizenship is a constitutional guarantee, not a policy preference.” –– Eduardo Bhatia, President of the Senate of Puerto Rico (2013-2017)

The full list of amici include: 

  1. Stacey E. Plaskett: U.S. House of Representatives, U.S. Virgin Islands (2015-Present)
  2. Albert Bryan Jr.: Governor, U.S. Virgin Islands, (2019-Present)
  3. Tregenza Roach: Lieutenant Governor, U.S. Virgin Islands (2019-Present); Senator, U.S. Virgin Islands Legislature (2013-2018)
  4. B.J. Cruz: Public Auditor of Guam (2018-Present); Speaker, Guam Legislature (2017-2018); Senator, Guam Legislature (2005-2016); Chief Justice, Supreme Court of Guam (1999-2001); Associate Justice, Supreme Court of Guam (1997-1999); Judge, Superior Court of Guam (1984-1997)
  5. Aníbal Acevedo Vilá: Governor, Puerto Rico (2005-2009)
  6. Sila M. Calderón: Governor, Puerto Rico (2001-2005)
  7. Alejandro García Padilla: Governor, Puerto Rico (2013-2017)
  8. Kenneth E. Mapp: Governor, U.S. Virgin Islands (2015-2019) 
  9. Donna M. Christian-Christensen: U.S. House of Representatives, U.S. Virgin Islands (1997-2015)
  10. Gregorio Kilili Sablan: U.S. House of Representatives, Northern Mariana Islands (2009-2025)
  11. Sheila Babauta: Northern Mariana Islands House of Representatives (2021-2023)
  12. Eduardo Bhatia: Puerto Rico Senate (2009-2021), President of the Senate (2013-2017)
  13. Zoé Laboy: Puerto Rico Senate (2017-2019)
  14. José Bernardo Márquez Reyes: Puerto Rico House of Representatives (2021-2025)
  15. Ana Irma Rivera Lassén: Puerto Rico Senate (2021-2025)
  16. Andra Samoa: American Samoa House of Representatives (2019-22)
  17. Mary Camacho Torres: Senator, Guam Legislature (2015-2023)
  18. Charles Ala'ilima: High Court of American Samoa District Court Judge/Acting Associate Justice (1981-1985); District Court Judge Pro Tempore (1996-1998)
  19. Adam G. Christian: Judge, Superior Court of the Virgin Islands (2010-2016)
  20. Soraya Diase Coffelt: Judge, Superior Court of the Virgin Islands (1994-2000)
  21. Liana Fiol Matta: Chief Justice, Supreme Court of Puerto Rico (2014-2016); Associate Justice (2004-2014); Judge, Puerto Rico Court of Appeals (1992-2002)

CASE MATERIALS

CASE UPDATES

NEWS COVERAGE

ADDITIONAL RESOURCES