Overview
- The court granted the Justice Department’s appeal from a New Hampshire class-action injunction that has kept the executive order from taking effect nationwide.
- Trump’s Jan. 20 directive would deny automatic citizenship to babies born in the U.S. to parents who are in the country unlawfully or on temporary visas.
- Arguments are expected in spring 2026 with a ruling likely by late June or early July, and the policy remains blocked everywhere in the country.
- The administration contends the Citizenship Clause does not cover children of temporary visitors or undocumented immigrants, while challengers cite United States v. Wong Kim Ark and federal statutes to argue the order is unconstitutional.
- The court left a separate state-led case from the Ninth Circuit untouched for now, following a June ruling that curtailed universal injunctions but allowed broad relief through certified classes.