US Supreme Court

Today the US Supreme Court will hear arguments in Case No. 25-365. Donald J. Trump, President of the United States, et al. v. Barbara, et al. Case No. 25-365. Concerns President Donald J. Trump Restricting Birthright Citizenship. It concerns whether the Executive Order complies on its face with the Citizenship Clause and with 8 USC. 1401(a), which codifies that Clause. On January 20, 2025, President Donald J. Trump issued Executive Order No. 14,160, titled 'Protecting the Meaning and Value of American Citizenship,' which declared that individuals born in the United States are not U.S. citizens at birth if their parents lack sufficient legal status. Specifically, the order directs federal agencies not to recognize citizenship claims for children born after February 20, 2025, if: (1) the mother was unlawfully present in the U.S. and the father was neither a U.S. citizen nor a lawful permanent resident (LPR), or (2) the mother's presence in the U.S. was lawful but temporary and the father was not a U.S. citizen or LPR. The order was issued on the alleged basis that the Fourteenth Amendment's Citizenship Clause does not confer birthright citizenship on such children because they are not 'subject to the jurisdiction' of the United States in the constitutional sense.