Facts of the Case

Provided by Oyez

In January 2025, President Trump issued Executive Order 14160, directing federal agencies to stop recognizing U.S. citizenship for children born in the United States after February 20, 2025, if their mothers were unlawfully present or on temporary visas and their fathers were neither citizens nor lawful permanent residents. Three affected families, suing under pseudonyms, challenged the order as a violation of the Fourteenth Amendment's Citizenship Clause and 8 U.S.C. § 1401(a). The district court provisionally certified a nationwide class of affected children and preliminarily enjoined the order, and the Supreme Court granted certiorari before judgment.

Questions

  1. Is a presidential executive order that denies U.S. birthright citizenship to children born in the United States because their parents are unlawfully present or in the country on temporary visas consistent with the Citizenship Clause of the Fourteenth Amendment and 8 U.S.C. § 1401(a)?

Conclusions

  1. On June 30, 2026, the U.S. Supreme Court held 5-4 in Trump v. Barbara that children born in the United States to parents who are unlawfully or only temporarily present are "subject to the jurisdiction" of the United States and therefore citizens at birth under the Fourteenth Amendment's Citizenship Clause, invalidating Executive Order 14160.