On April 1, 2026, the Supreme Court will hear argument in a case challenging President Trump’s Executive Order 14160 restricting birthright citizenship. The order highlights the phrase “subject to the jurisdiction” in Section One. In this Legal Intelligencer article, Cozen O’Connor attorneys Stephen Miller and Angela Howat note that the government urges a narrow reading of that phrase—specifically, arguing that immigrants without lawful permanent resident status are not “subject to the jurisdiction” of the federal government.

Thus, the argument goes, children born to temporarily or unlawfully present parents still owe allegiance to their parents’ country of citizenship. This prevents them from being completely “subject to the jurisdiction” of the United States. A decision in the case is expected by July 2026.

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