Overview
- The court granted review of a case challenging Executive Order 14160, which directs federal agencies not to recognize citizenship for children born in the U.S. to parents who are unlawfully present or only temporarily in the country.
- Lower federal courts across the country have blocked the order, citing longstanding interpretations of the 14th Amendment and the Supreme Court’s 1898 Wong Kim Ark decision.
- The justices took the New Hampshire class-action case, leaving aside a separate appeal from the 9th Circuit involving Democratic-led states that also secured a nationwide injunction.
- Arguments are expected in the spring of 2026 with a decision likely by late June or early July, and the order remains unenforced nationwide in the meantime.
- The administration, led by Solicitor General D. John Sauer, contends the phrase “subject to the jurisdiction thereof” excludes children of temporary visitors and people in the U.S. unlawfully, while challengers say the Constitution and federal law guarantee birthright citizenship.