DOJ Eyes Birthright Case
The Justice Department has asked courts to revisit United States v. Wong Kim Ark — a challenge that seeks to test the constitutional basis for birthright citizenship and could upend derivative and family‑based claims. The filing, publicized March 31, signals a major, high‑stakes constitutional fight ahead. (legalnewsfeed.com)
The Justice Department on March 31 filed a brief asking the Supreme Court to reinterpret the 1898 Wong Kim Ark precedent and urged justices to treat that decision’s historical sources narrowly in support of the administration’s position. (news.bloomberglaw.com) The dispute centers on Executive Order 14160, “Protecting the Meaning and Value of American Citizenship,” which President Trump signed on January 20, 2025 and that directs agencies to refuse to recognize citizenship in specified cases; the order targets births on or after February 19, 2025. (whitehouse.gov) The Supreme Court placed the matter on its merits docket as Donald J. Trump, President of the United States, et al. v. Barbara (No. 25‑365), with oral argument scheduled for April 1, 2026 to decide whether EO 14160 conflicts with the Fourteenth Amendment and 8 U.S.C. §1401(a). (supremecourt.gov) USCIS issued an implementation plan on July 25, 2025 instructing agencies how EO 14160 would be operationalized if allowed to take effect, and the State Department has posted guidance noting the EO’s potential effect on passport and federal document issuance. (uscis.gov) Groups and states have lined up on both sides: Tennessee AG Jonathan Skrmetti led an amicus brief joined by 24 other state attorneys general urging the Court to narrow the Clause, while Massachusetts AG Andrea Joy Campbell co‑led a different 24‑state coalition that filed an amicus defending birthright citizenship. (tn.gov) Modeling by Migration Policy Institute and Penn State projects that removing automatic birthright citizenship for children of unauthorized or temporary‑status parents would add roughly 2.7 million unauthorized residents by 2045 and about 5.4 million by 2075, with an average of ~255,000 U.S.-born children per year starting life without U.S. citizenship. (migrationpolicy.org) The American Bar Association filed an amicus brief on March 2, 2026 warning of administrative and legal chaos from narrowing citizenship, and legal analysts note the DOJ brief leans heavily on contested 19th‑century historical materials in pressing its originalist argument. (americanbar.org)
