Overview
- Lower-court rulings have halted the January 20 executive order that would deny citizenship to children born to noncitizen parents present illegally or on temporary visas.
- The Court will decide whether the order violates the 14th Amendment’s Citizenship Clause, with a ruling expected by late June or early summer 2026.
- The case before the justices originated in a New Hampshire class action representing affected newborns and parents, and other appellate courts, including the Ninth Circuit, have concluded the policy likely violates the Constitution.
- The government contends these children are not “subject to the jurisdiction” of the United States, a view backed by 24 Republican-led states and several GOP lawmakers.
- The ACLU represents the plaintiffs and argues no president can revoke birthright citizenship, warning that a government win would upend long-settled law and complicate how newborn citizenship is documented.