By Ashlee Banks
Special to the AFRO
The Supreme Court is expected to issue a landmark ruling by the end of June 2026 on the legality of President Donald Trump’s executive order ending birthright citizenship, a decision that legal analysts say could create disproportionate administrative and legal hurdles for Black and Brown communities.
U.S. Rep. Yvette D. Clarke (D-N.Y.-09) said in a statement that the president’s executive order is a “cheap intimidation tactic.”
“Donald Trump has never believed the constitution should come before his prejudices,” said the CBC chairwoman. “ borne of the same desperation and disrespect for the law that have defined his presidency since Day 1.”
Berenice Rodriguez, Georgia State Director with We Are CASA, told the AFRO, if birthright citizenship is eliminated, it will be a “roadway to chaos.”
“This would be an obstruction of justice and there will be a generation of children that will become targets,” she stated. “I think the entire government system would collapse as we are directly attacking children that are born here as businesses. Parents should not be questioned on whether their child belongs in this country.”
On April 1, the Supreme Court justices heard arguments to determine if the executive branch has the authority to narrow the 14th Amendment’s citizenship clause, which has for more than 150 years guaranteed citizenship to nearly all children born on American soil.
If the court upholds the administration’s policy, the United States would shift from the principle of “jus soli,” or right of the soil, to a system based on parentage. Under new guidance documents from the State Department and the Social Security Administration, a birth certificate would no longer suffice as definitive proof of citizenship for newborns. Instead, parents would be required to provide original documentation of their own citizenship or legal immigration status to secure a Social Security number or passport for their children.
Civil rights advocates argue this shift will disproportionately impact marginalized communities.
According to briefs filed by organizations including the UCLA Latino Policy and Politics Institute, the requirement for parental verification is likely to trigger increased scrutiny of Hispanic and Latino families, particularly those in “mixed-status” households where one member may be a citizen and another a visa holder. Furthermore, historians have noted that Black Americans in the South, who historically faced barriers to formal birth registration during the Jim Crow era, may face unique difficulties in producing the ancestral documentation required to satisfy new federal inquiries.
The Trump administration has argued the order is a necessary tool to combat “birth tourism” and that the 14th Amendment was never intended to grant citizenship to the children of those in the country temporarily or without legal authorization.
During preliminary proceedings, Justice Brett Kavanaugh questioned how the government intended to process parental status checks for the approximately 3.6 million babies born in the U.S. each year.
Research conducted by the Empire Justice Center, Urban Center and New York Legal Assistance Group (NYLAG), point to the potential for systemic error, noting that the Social Security Administration’s own databases are known to contain millions of inaccuracies regarding immigration status. For Black and Brown families already disproportionately affected by government surveillance and administrative delays, these errors could result in “statelessness,” leaving children born in the U.S. unable to access essential services like healthcare, public education or future employment.
Clarke said in a statement that the president’s efforts to erase birthright citizenship are likely to fail.
“Birthright citizenship emerged as a foundation upon which this nation could rebuild stronger and more whole than before,” stated the congresswoman. “It has faced legal challenges rooted in bigotry, fear, or both in the nearly two centuries since, and each time, it has endured.”
Rodriquez told the AFRO, that she believes there is more support to keep birthright citizenship in place.
“We have a lot more allies across the board rather than a divide only because it is a super direct constitutional right that has been in place for decades,” said. “People and states don’t want to create anymore chaos.”