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1 1 (May 19, 2025)

handle is hein.crs/sprmcths0001 and id is 1 raw text is: Congressional A'Research Service ~nforming the egislative debate since 1914____________________ Supreme Court Hears Challenges to Nationwide Injunctions Updated May 19, 2025 On May 15, 2025, the Supreme Court heard oral argument in Trump v. CASA, Inc., Trump v. Washington, and Trump v New Jersey, a trio of cases involving nationwide injunctions against the federal government. The substantive legal issue in these cases concerns the validity of Executive Order No. 14,160, Protecting the Meaning and Value of American Citizenship (the Birthright Citizenship E.O.), which provides that the protections afforded to individuals under the Citizenship Clause of the Fourteenth Amendment (i.e., birthright citizenship) would not apply to certain individuals born in the United States to specified categories of alien parents. The current Supreme Court litigation focuses on a procedural question: whether the trial courts erred in entering nationwide injunctions against enforcement of the Birthright Citizenship E.O., barring enforcement of portions of the E.O. against all relevant persons. This Legal Sidebar provides an overview of the litigation in CASA, Washington, and New Jersey with a focus on the dispute over nationwide injunctions currently before the Supreme Court and discusses related considerations for Congress. Birthright Citizenship E.O. and District Court Litigation The Citizenship Clause (Section 1, clause 1, of the Fourteenth Amendment) provides, 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. In general, the provision historically has been understood to grant citizenship to all children born on U.S. soil, subject to limited exceptions. The Supreme Court has interpreted the provision subject to the jurisdiction thereof to mean that the government can deny U.S. citizenship only to certain categories of persons born in the United States, such as children born to foreign diplomatic agents and children of members of Indian tribes subject to tribal laws. Section 301 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1401, closely tracks the constitutional language above, providing that any person born in the United States, and subject to the jurisdiction thereof is a national[ ] and citizen[ ] of the United States at birth. Section 301 also grants citizenship at birth to additional categories, including children born in the United States to members of Indian tribes. On January 20, 2025, soon after taking office, President Trump issued the Birthright Citizenship E.O. Section 1 of the E.O. notes, The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not 'subject to the jurisdiction thereof.' It then states, Congressional Research Service https://crsreports.congress.gov LSB11313 CRS Legal Sidebar Prepared for Members and Committees of Congress