Trump v. Barbara
No. 25-365 (from Barbara v. Trump, D.N.H.)
- Challenged
- Executive Order 14160 (Jan. 20, 2025) said children born in the U.S. to parents who are unlawfully or only temporarily present are not citizens.
- Administration argues
- The Fourteenth Amendment’s phrase “subject to the jurisdiction thereof” requires more than birth on U.S. soil and excludes these children.
- Courts
- U.S. District Court for New Hampshire; Supreme Court (certiorari before judgment)
- · D.N.H.
Certified a nationwide class of affected children and blocked the order class-wide.
- · Supreme Court
Agreed to hear the case before the court of appeals ruled.
- · Supreme Court
Heard oral argument.
- · Supreme Court
Affirmed 6–3: such children are citizens at birth. Five justices joined the constitutional holding; Justice Kavanaugh concurred in the judgment. Justices Thomas, Alito and Gorsuch dissented.
Status as of Oct 22, 2026: Executive Order 14160 cannot be enforced; the case returned to the district court.
Sources: Supreme Court opinion (June 30, 2026) · Supreme Court docket 25-365