Whether the Executive Order restoring the original meaning of the Citizenship Clause is constitutional under the Fourteenth Amendment and 8 U.S.C. 1401(a)

The Citizenship Clause of the Fourteenth Amendment provides that those “born * * * in the United States, and subject to the jurisdiction thereof,” are U.S. citizens. U.S. Const. Amend. XIV, § 1. The Clause was adopted to confer citizenship on the newly freed slaves and their children, not on the children of aliens temporarily visiting the United States or of illegal aliens. On January 20, 2025, President Trump issued Executive Order No. 14,160 , Protecting the Meaning and Value of American Citizenshi p, which restores the original meaning of the Citizenship Clause and provides, on a prospective basis only, that children of temporary visitors and illegal aliens are not U.S. citizens by birth. The Citizenship Order direct s federal agencies not to issue or accept citizenship documents for such children born more than 30 days after the Order’s effective date . The question presented is whether the Executive Order complies on its face with the Citizenship Clause and with 8 U.S.C. 1401(a), which codifies that Clause. (II)