Overview

• Solicitor General D. John Sauer submitted two petitions seeking review of adverse rulings in the Ninth Circuit state challenge and a New Hampshire class action.
• The petitions have been shared with opposing counsel but are not yet docketed, and the administration is not asking for immediate enforcement of the order.
• Executive Order 14160 would deny federal recognition of citizenship to U.S.-born children of undocumented immigrants or temporary visa holders unless a parent is a citizen or lawful permanent resident.
• Lower courts continue to block the policy, including a Ninth Circuit opinion deeming the order inconsistent with the Constitution and a New Hampshire ruling granting class-wide relief.
• The Justice Department argues long-standing readings of the Citizenship Clause are mistaken and cites border security and ‘birth tourism’ concerns; if the Court grants review, arguments are expected in late winter with a decision possible by early summer.