WASHINGTON, D.C. — December 5, 2025

The SUPREME COURT OF THE UNITED STATES has formally agreed to hear Trump v. Barbara, a constitutional challenge involving Executive Order 14160, “Protecting the Meaning and Value of American Citizenship.” According to the Court’s official docket for No. 25-365, the justices granted certiorari before judgment on December 5, 2025, accepting the case directly from the United States Court of Appeals for the First Circuit for merits review during the current Term.

A first-hand “Question Presented” document issued by the SUPREME COURT OF THE UNITED STATES identifies the exact legal issue accepted for review: whether Executive Order 14160 complies on its face with the Citizenship Clause of the Fourteenth Amendment and with 8 U.S.C. § 1401(a). The Court’s summary explains that the executive order interprets the “subject to the jurisdiction thereof” language to exclude children born in the United States to parents who are temporary visitors or unlawfully present. The Court’s materials also note that the executive order instructs federal agencies not to issue or accept citizenship documents for individuals falling within that category if they are born more than 30 days after the order’s effective date.

The full text of Executive Order 14160 appears in the FEDERAL REGISTER, which records that the order was signed by President Trump on January 20, 2025 and published at 90 Fed. Reg. 8449. That publication establishes the authoritative language and outlines the directive given to federal agencies regarding how citizenship determinations are to be handled for certain children born inside the United States after the effective date. It also confirms the prospective application and the statutory bases cited within the order.

The procedural history leading to Supreme Court review is set out in the official petition filed by the DEPARTMENT OF JUSTICE – OFFICE OF THE SOLICITOR GENERAL. In that filing, the Solicitor General explains that a federal district court in New Hampshire issued a preliminary injunction blocking enforcement of key portions of Executive Order 14160. The government appealed that injunction to the First Circuit and simultaneously petitioned the Supreme Court to grant certiorari before judgment, arguing that the issues presented are of national significance and require resolution by the Court during this Term. The Solicitor General’s petition provides the direct federal description of how the case reached the Supreme Court and the legal questions the government seeks to resolve.

Current enforcement status of the order is detailed in formal guidance issued by the U.S. DEPARTMENT OF STATE. In its official notice regarding passports and citizenship documentation, the State Department states that “the federal government is enjoined from enforcing the E.O.” This reflects the binding effect of the lower-court injunctions still in place. The same guidance notes, however, that Section 3(b) of Executive Order 14160, which directs agencies to prepare internal implementation procedures, has been allowed to take effect following instructions from the SUPREME COURT OF THE UNITED STATES. This is the only portion of the order currently permitted to operate while litigation continues, and that status comes directly from first-hand government postings.

At this stage, the SUPREME COURT OF THE UNITED STATES has not issued any ruling on the constitutionality or legality of Executive Order 14160. The Court has taken the case for review, identified the question presented, docketed the matter for briefing and argument, and confirmed the statutory and constitutional provisions under examination. The controlling law remains the Citizenship Clause of the Fourteenth Amendment, 8 U.S.C. § 1401(a), and the published text of Executive Order 14160 as recorded in the FEDERAL REGISTER, combined with the injunctions presently in force.

All information in this article reflects first-hand federal records, including the Supreme Court docket, the Supreme Court’s question-presented summary, the Federal Register publication of Executive Order 14160, the Solicitor General’s petition, and official guidance issued by the U.S. Department of State. No interpretations or external characterizations are included. The facts presented here represent only what is confirmed within those official government documents.

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Sources

Primary First-Hand Sources Only

• SUPREME COURT OF THE UNITED STATES — Docket No. 25-365, Trump v. Barbara (certiorari before judgment granted December 5, 2025).
• SUPREME COURT OF THE UNITED STATES — Official “Question Presented” summary for No. 25-365 identifying the legal issue and describing Executive Order 14160.
• FEDERAL REGISTER — Executive Order 14160, “Protecting the Meaning and Value of American Citizenship,” published at 90 Fed. Reg. 8449.
• DEPARTMENT OF JUSTICE – OFFICE OF THE SOLICITOR GENERAL — Petition for writ of certiorari before judgment in Trump v. Barbara, outlining procedural history and legal framing.
• U.S. DEPARTMENT OF STATE — Official passport and citizenship guidance noting the injunction on enforcement and identifying which portions of the order remain operable.