WASHINGTON — The U.S. Supreme Court is expected to issue one of the most closely watched decisions of its 2025-26 term on Tuesday, when the justices are scheduled to release their final opinions before the summer recess, including a ruling on President Donald Trump's executive order seeking to restrict birthright citizenship.
The case centers on an executive order signed by Trump that would deny automatic U.S. citizenship to some children born in the United States to parents who are in the country unlawfully or only temporarily. The order has never taken effect after multiple federal courts blocked its enforcement while legal challenges proceeded.
The administration argues that the Citizenship Clause of the 14th Amendment does not extend to children whose parents lack permanent legal status, contending that the constitutional phrase "subject to the jurisdiction thereof" has been interpreted too broadly. Lawyers representing states, immigrant advocacy groups and affected families argue the executive order conflicts with the Constitution, longstanding federal law and more than a century of Supreme Court precedent recognizing birthright citizenship for nearly everyone born on U.S. soil.
During oral arguments in April, several justices questioned both the administration's interpretation of the 14th Amendment and the practical consequences of the order. The case has also drawn attention because it could clarify the scope of nationwide injunctions issued by lower federal courts, which have prevented the policy from taking effect while litigation continues.
The dispute is widely viewed as one of the most consequential immigration cases in decades because of its potential impact on citizenship policy and executive authority. The administration has maintained that the order is consistent with the original meaning of the Constitution, while opponents argue that it directly conflicts with the Supreme Court's 1898 decision in United States v. Wong Kim Ark and subsequent federal statutes codifying birthright citizenship.
The birthright citizenship case is among several major disputes awaiting decisions before the court concludes its term. Other pending rulings address presidential authority over independent federal agencies, campaign finance restrictions and state laws governing transgender athletes' participation in school sports.
The Supreme Court has not indicated the order in which opinions will be released, but officials have confirmed that the remaining decisions for the term are scheduled to be issued on Tuesday.
