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1 1 (April 29, 2026)

handle is hein.crs/goveuhv0001 and id is 1 raw text is: Trump v. Barbara: Supreme Court Considers Birthright Citizenship April 29, 2026 On April 1, 2026, the Supreme Court heard oral arguments in Trump v. Barbara. The question before the Court was whether Executive Order 14160 (E.O. 14160, or the E.O.), Protecting the Meaning and Value of American Citizenship, is constitutional under the Fourteenth Amendment's Citizenship Clause and authorized by 8 U.S.C. § 1401(a), a provision ofthe Immigration and Nationality Act (INA) that codifies the Citizenship Clause. This Legal Sidebar provides a brief overview of the arguments made by the parties in this litigation and a summary of the oral argument. For further information on E.O. 14160 and earlier stages of the litigation, see CRS Legal Sidebar LSB11414, Birthright Citizenship: Litigation Status Update, by Hannah Solomon-Strauss and Juria L. Jones (2026). The Citizenship Clause and Executive Order 14160 The Citizenship Clause of the Fourteenth Amendment reads, All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. The clause has been interpreted only sparingly by the Supreme Court since the Fourteenth Amendment's ratification in 1868. In those cases, the Court has interpreted the clause to mean that every child born in the United States is a citizen at birth, regardless of their parents' alienage. On January 20, 2025, President Trump signed E.O. 14160. The E.O. seeks to interpret subject to the jurisdiction thereof' in the Citizenship Clause to limit who may be considered a U.S. citizen from birth. The E.O. states: It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons whom the executive branch believes are not granted citizenship under the Fourteenth Amendment solely by being born in the United States. The E.O. outlines two categories of persons that, in the view of the executive branch, are not subject to the jurisdiction of the United States and therefore are excluded from the Fourteenth Amendment's grant of birthright citizenship: (1) a child whose mother was not lawfully present in the United States, and whose father was not a U.S. citizen or lawful permanent resident, at the moment the child was bom; and (2) a child whose mother was lawfully but temporarily in the United States, and whose father was not a Congressional Research Service https://crsreports.congress.gov LSB11423 CRS Legal Sidebar Prepared for Members and Committees of Congress