Overview
- The case, Trump v. Barbara, which the Court will argue Wednesday, targets a 2025 order that would deny citizenship to babies born to undocumented parents or parents on temporary visas.
- Federal judges blocked the order and said it likely violates the Constitution and federal law, so the policy has not taken effect.
- The administration argues that children of people here unlawfully or on short visas are not "subject to the jurisdiction" of the U.S., while challengers cite the 1898 Wong Kim Ark ruling to defend broad citizenship by birth.
- If the order is upheld, hospitals and state record offices could have to check parents’ immigration status before issuing birth certificates, and some newborns could lack any citizenship at all.
- The justices are expected to rule by late June after limiting nationwide injunctions in a related 2025 case that did not decide the citizenship question.