Overview
- The justices granted the Justice Department’s petition to review the executive order, with arguments expected this term and a decision likely by late June.
- Trump’s directive would deny U.S. citizenship at birth when neither parent is a U.S. citizen nor a lawful permanent resident, including cases involving visitors or students.
- Lower federal courts have blocked the policy as unconstitutional, and although the Supreme Court narrowed nationwide injunctions in June, the order remains on hold through other rulings.
- The case before the Court arises from a New Hampshire class action that halted the policy, and the government has also sought review of a separate Ninth Circuit decision on nationwide relief.
- The administration argues the 14th Amendment’s Citizenship Clause does not cover children of those in the U.S. illegally or temporarily, a position backed by briefs from 24 Republican-led states and 27 Republican members of Congress.