Overview
- The Court agreed to decide whether President Trump's January 20 executive order denying automatic citizenship to children of undocumented or temporarily present parents is constitutional.
- The policy remains blocked nationwide as federal district and appellate courts have found it unconstitutional or likely unconstitutional.
- Earlier this year the Court narrowed the use of nationwide injunctions without reaching the merits, and the new review addresses the core constitutional question.
- The government argues, in filings by D. John Sauer, that such children are not "subject to the jurisdiction" of the United States, while an ACLU-led class action from New Hampshire secured a nationwide halt.
- Twenty-four Republican-led states and 27 GOP lawmakers back the administration, and analysts say a ruling upholding the order could affect roughly 255,000 births annually and complicate state birth documentation, with a decision expected by early summer 2026.