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Docket 25-365October Term 2025 (2025–2026)

Donald J. Trump, President of the United States, et al., Petitioners v. Barbara, et al.

The Supreme Court will decide whether a presidential executive order denying birthright citizenship to children born in the U.S. to parents without legal status or on temporary visas is lawful.

Case status

Current stage
Awaiting Decision
Latest event
Argued Apr 1, 2026
Decision timing
Expected by late June or early July of the Court term unless the Court orders otherwise.
Case AcceptedDec 5, 2025
Arguments HeardApr 1, 2026
Decision ReleasedUpcoming
What it's about

The Supreme Court will decide whether a presidential executive order denying birthright citizenship to children born in the U.S. to parents without legal status or on temporary visas is lawful. The case challenges Executive Order No. 14,160 under the Fourteenth Amendment and federal law.

Question presented

Whether the Executive Order complies on its face with the Citizenship Clause and with 8 U.S.C. 1401(a), which codifies that Clause?

Case path

United States Court of Appeals for the First Circuit / Argued Apr 1, 2026

Area

Constitutional Law

Briefing

What it's about

The justices heard arguments over whether Executive Order No. 14,160 can deny birthright citizenship to some children born in the United States. The challenge says the order conflicts with the Fourteenth Amendment's Citizenship Clause and with 8 U.S.C. 1401(a), a federal citizenship law.

Argument

The Court heard argument on April 1, 2026, on whether Executive Order No. 14,160 lawfully denies citizenship at birth to some U.S.-born children based on their parents' legal status.

Impact

The case could affect whether babies born in the U.S. are recognized as citizens at birth when their parents lack legal status or are in the country on temporary visas. For example, it could determine whether a child born here automatically gets citizenship papers or faces uncertainty about legal status.

What is the core dispute in this case?

The fight is over whether the President may limit birthright citizenship by executive order. The challengers say that conflicts with the Fourteenth Amendment and federal law.

Who could feel the real-world effects of the Court's decision?

Children born in the United States to parents without legal status or on temporary visas could be directly affected. Their citizenship status at birth is the central practical issue.

What happens next procedurally?

The justices will now consider the case after oral argument. A decision is generally expected by late June or early July of this Court term.