Utah Woman challenges Trump executive order on birthright citizenship

By Fox13

Published April 2, 2026 12:35 PM

Originally Published: 02 APR 26 14:32 ET

By Averie Klonowski

SALT LAKE CITY (KSTU) -- A Utah family is among the plaintiffs in a lawsuit challenging an executive order from President Donald Trump on birthright citizenship as the Supreme Court weighs the case.

One of the plaintiffs, a woman from Taiwan residing in Utah, is identified by the pseudonym "Susan" in the lawsuit documents. She gave birth to a child in Utah last April.

According to the lawsuit, "Susan" is a Taiwanese citizen who has been living in the United States for 12 years on a student visa and is currently applying for permanent residence through a work visa. While Susan's other three children are U.S. citizens, neither she nor her husband is.

The documents state she is concerned her youngest child could be subject to immigration enforcement if birthright citizenship is not upheld.

The American Civil Liberties Union of Utah released a statement on the case.

“For more than a century, the U.S. Supreme Court has affirmed the 14th Amendment guarantee that children born in the United States are citizens,” said Ellie Menlove, Director of Policy for the ACLU of Utah. “This case was brought, in part, by a Utah plaintiff, to defend the core American promise of birthright citizenship. We await the Supreme Court’s decision while applauding the bravery of the plaintiffs and resolve of attorneys defending this essential right."

During arguments Wednesday in front of the Supreme Court, several justices, including both liberals and some conservatives, questioned the interpretation of the 14th Amendment offered by Solicitor General D. John Sauer, who claimed undocumented migrants are not automatically entitled to citizenship.

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