Nebraska Attorney General Mike Hilgers signed an amicus brief in support of an executive order limiting birthright citizenship in February 2025 — an order rejected by the Supreme Court in a 6-3 ruling Tuesday.
The executive order, signed by Trump in January 2025, aimed to deny citizenship to children born in the U.S. to mothers who were in the country illegally or on a temporary visa, unless the child's father was a U.S. citizen or lawful permanent resident. The order was barred by lower court judges shortly after its signing, according to NPR.
Hilgers, along with 17 other states, signed the amicus brief in a New Hampshire lawsuit challenging the order, arguing the executive order should be allowed to take effect while litigation continued. The brief cited the financial costs of illegal immigration and birth tourism to states.
The brief Hilgers joined argued that a key Supreme Court precedent, United States v. Wong Kim Ark, only guaranteed citizenship to children of lawful, permanent residents and that Trump's order was consistent with that ruling. The Supreme Court rejected that reading Tuesday, ruling that Wong Kim Ark guaranteed citizenship to children "whether born to permanent residents or temporary visitors."
ACLU of Nebraska issues criticisms
The ACLU of Nebraska responded to Hilgers' support of the order last year, calling it a "waste of state resources" and "deeply harmful."
The organization's Executive Director, Mindy Rush Chipman, echoed those criticisms Tuesday. She said the ACLU wants Nebraskans to know that Hilgers used state resources to support the executive order.
"It's a moment for celebration but... also a moment of accountability," she said. "We feel Nebraskans need to know that our attorney general supported the overturning of birthright citizenship and in fact, used state time and resources to do it."
Rush Chipman said Hilgers owes Nebraskans an apology for his support of the executive order that caused uncertainty for Nebraskans.
"We do believe that our attorney general owes Nebraskans an apology for helping to contribute to this period of uncertainty for Nebraskans and their families, and a pledge that he'll do better moving forward — that he will respect all Nebraskans' rights, no matter what their backgrounds are," Rush Chipman said.
Rush Chipman said the ruling brings overdue certainty for Nebraska families after more than a year of legal uncertainty.
"The Supreme Court's opinion really just affirms that birthright citizenship is part of the fabric of our nation. It speaks to our most important values. This opinion finally brings certainty for families across Nebraska and across our country," she said.
Nebraska Public Media News reached out to Hilgers' office for comment Tuesday. A spokesperson for the AG’s office didn’t return a request for comment.
Relief for Nebraska immigrant families
Sydney Wurdeman, an attorney at the Center for Immigrant and Refugee Advancement, or CIRA, said the organization is relieved by the decision.
"CIRA is very excited that the Supreme Court decided to uphold birthright citizenship and reaffirm what we already know to be true about citizenship in this country — which is that if you are born here in the United States, you have equal protection under the law," Wurdeman said.
Wurdeman said clients and staff at CIRA had been anxious about the ruling's potential implications.
"There's definitely clients as well as staff here that were worried about what was going to happen with the Supreme Court decision and how that might affect their immigration cases moving forward,” she said. “So, we are very relieved here today, as well as many of our clients.”
Nebraska’s two major parties respond
Nebraska Republican Party Chairman Mary Jane Truemper said in a statement to Nebraska Public Media News that the party stands behind the legal reasoning of Trump’s executive order.
"NEGOP is disappointed in today's ruling. We believe the legal reasoning behind the executive order was sound, and that the 14th Amendment was never intended to confer automatic citizenship on children of those here illegally or only temporarily,” Truemper said.
Truemper said the ruling does not settle the underlying constitutional question, and that Congress must now act.
“The Court's ruling against the order doesn't settle the underlying policy question or what the Constitution was actually meant to do,” she said. “Now it's up to Congress, and we agree with President Trump that lawmakers need to act. We'll be watching closely and will support Nebraska's congressional delegation if they take the lead.”
The Nebraska Democratic Party praised the ruling in a joint statement from NDP Chair Jane Kleeb, Latino Caucus Chair Jennifer Reyna and Latino Caucus Secretary José Flores Jr. Kleeb said the ruling reaffirms a core American promise.
"This ruling reaffirms a fundamental promise that every child born on U.S. soil is recognized as an American citizen, regardless of their parents' immigration status," Kleeb said.
Reyna said the decision brings relief to Latino and immigrant families across Nebraska.
"At a time when many Latino and immigrant families have faced uncertainty and fear, this decision reinforces the enduring protections enshrined in our Constitution. We remain committed to defending the rights and dignity of all Nebraskans and ensuring that every family is treated with fairness and respect under the law," Reyna said.
Flores Jr. said the ruling brings relief to families across the country, calling birthright citizenship a fundamental right that has been upheld for generations.
"Families across this nation can breathe a sigh of relief that all children born on U.S. soil are indeed citizens with all guaranteed rights, regardless of their parents' origin," Flores Jr. said.