Overview
- The administration’s filing argues the 14th Amendment’s Citizenship Clause was crafted for freed slaves and their children and does not cover children of those here temporarily or unlawfully.
- Trump’s order, signed on his first day of a second term, declares that children born in the U.S. to parents who are illegally or temporarily present are not citizens.
- The Supreme Court agreed in December to review the case, with a decision expected by early summer after the April 1 oral arguments.
- The ACLU is leading the challenge and its petition opposing the order has drawn roughly 193,000 signatures, approaching 200,000.
- Every lower court to consider the order has found it unconstitutional or likely so, and the restrictions have not taken effect anywhere in the country.