A landmark legal battle over birthright citizenship is now before the U.S. Supreme Court — and advocates who work with immigrant families in rural New York say the outcome could reshape everyday life for communities that depend on immigrant labor and leadership.
At issue is Executive Order 14160, signed by President Trump, which seeks to limit who is recognized as a U.S. citizen under the 14th Amendment. The order would deny citizenship to children born on U.S. soil to parents who are in the country without legal status or on temporary visas — upending more than 125 years of legal precedent.
A coalition of civil rights and legal advocacy organizations, including Rural and Migrant Ministry (RMM), has filed an amicus curiae — or “friend of the court” — brief urging the justices to uphold that precedent.
“What is at stake is basically the overturning of a precedent that’s over a hundred years old, which basically states that if you are born on the soil of the United States of America, you are an American citizen,” said Juana Cortes de Torres, Director of the Immigrant Legal Rights Project at Rural and Migrant Ministry.
A Century of Precedent
The brief filed by RMM and its partners leans heavily on United States v. Wong Kim Ark, an 1898 Supreme Court decision that affirmed birthright citizenship for children born in the United States regardless of their parents’ national origin or immigration status.
“It is one of the first cases that basically explains that anyone born in the U.S. is a citizen under the Constitution,” Cortes de Torres said. “That precedent memorializes the words of the 14th Amendment.”
From a legal standpoint, she argued, no executive order can accomplish what the administration is attempting. “In order to do that, that would be tantamount to amending the Constitution without the role of Congress,” she said. “And in my opinion, that would be chaos.”
Twenty-two state attorneys general have also joined the legal fight to block the order.
“A Moment of Crisis and Fear”
Cortes de Torres said immigrant families across New York — from Western New York to Eastern Long Island, the geography RMM serves — are frightened.
“Individuals that come to America are often fleeing the hardships and civil rights violations of their country,” she said. “They come to the United States to seek safety and harbor.”
If the order were upheld, children born in the United States to undocumented parents or parents on temporary visas could be rendered stateless — without access to healthcare, public education, or the right to vote.
“You’re talking about health care, the right to vote, every single social benefit that an American citizen has access to,” Cortes de Torres said. “These children will not have access to that.”
The Stakes for Rural Communities
The implications are particularly acute in agricultural communities like Sullivan County and the Hudson Valley, where immigrant workers form the backbone of the local economy.
“Who’s tending to the fields? Who’s cultivating the land? Who is milking the cows? Who works in the mass factories that produce all different kinds of food products?” Cortes de Torres said. “It is resounding to say that all of that work is being done by Latino immigrants.”
She argued that the administration has failed to account for the economic contributions immigrants make — from farmworkers to healthcare aides to DACA recipients who have become doctors, lawyers, and scientists.
“They’re not really evaluating the worth, the net economic worth, that immigrants bring to the table,” she said. “And the fact that that analysis is not being done will, in the end, be harmful to America.”
A Political Motive?
When asked what she believes is really driving the effort to restrict birthright citizenship, Cortes de Torres was direct.
“The right to vote,” she said. “Children born here of immigrant parents will have the right to vote. Their voices will be heard, and they will be the majority of people. It is political in nature.”
She also placed the current moment in historical context, noting that waves of anti-immigrant hostility are not new to the American experience.
“You’re seeing history taking place again, where immigrants — this time specifically Latino immigrants — are being attacked,” she said. “Other immigrants that have come to this country have also faced these types of attacks. The fact that you are different or you have a different culture should not equal a lack of citizenship by any means.”
Looking Ahead
Cortes de Torres said she hopes the Supreme Court issues a ruling before the close of its current term, expected in late spring.
“I’m looking for the Supreme Court to do what is necessary and what is correct legally — to uphold the rule of law and precedent and to uphold the United States Constitution,” she said.
For immigrant families anxious about the outcome, she had a simple message: “Don’t give up. Always have hope. We’re here to help you, and we will help you.”
Image: Jenny Harris, of Baltimore, protests in support of birthright citizenship and the immigrant community, Thursday, May 15, 2025, outside of the Supreme Court in Washington. (AP Photo/Jacquelyn Martin)