Overview

• U.S. Solicitor General D. John Sauer filed two petitions asking the Supreme Court to decide whether the president can deny citizenship at birth to children of undocumented or temporary-status parents.
• The filings target a Ninth Circuit decision that found the order unconstitutional and a New Hampshire case, Barbara v. Trump, where a judge certified a class of babies born after Feb. 20, 2025.
• President Trump’s Jan. 20 executive order directed agencies not to issue citizenship documents to affected children born in the United States on or after Feb. 20, 2025.
• After the Supreme Court’s June ruling limiting universal injunctions in Trump v. CASA, the Ninth Circuit narrowed but left blocking relief in place, and the New Hampshire court used class certification to bar enforcement.
• The Justice Department did not request expedited review, indicating the Court could hear arguments next year with a decision likely by late June or early July if review is granted.