Jordan and Moreno Urge Supreme Court to Uphold Birthright Citizenship Executive Order
U.S. Rep. Jim Jordan and U.S. Sen. Bernie Moreno have formally urged the U.S. Supreme Court to reinstate President Donald Trump’s executive order aimed at ending automatic birthright citizenship for children born in the United States to undocumented parents. The Ohio lawmakers joined a coalition of Republicans filing an amicus brief this week, arguing that the 14th Amendment’s Citizenship Clause has been misinterpreted for decades.
The filing supports the administration’s defense of Executive Order 14160, signed by President Trump in January 2025. The order directs federal agencies to stop issuing citizenship documentation to children unless at least one parent is a U.S. citizen or a lawful permanent resident. Jordan and Moreno argue that the constitutional phrase “subject to the jurisdiction thereof” was originally intended to exclude individuals who owe allegiance to foreign powers, including those present in the country illegally or on temporary visas.
“The Fourteenth Amendment’s Citizenship Clause was adopted to grant citizenship to freed slaves and their children—not to children of temporarily present aliens or illegal aliens,” the brief states. The lawmakers contend that the executive order is a necessary measure to combat “birth tourism” and protect national sovereignty.
The Supreme Court is scheduled to hear arguments in the case, Trump v. Barbara, later this spring. The legal battle creates a direct confrontation with the longstanding precedent set by the 1898 decision in United States v. Wong Kim Ark, which established that the 14th Amendment guarantees citizenship to nearly everyone born on U.S. soil, regardless of their parents’ status.
Legal scholars and civil rights organizations have raised significant objections to the lawmakers’ interpretation. Opponents argue that the phrase “subject to the jurisdiction thereof” simply refers to being subject to U.S. laws and court authority, which applies to anyone physically present in the country, except for diplomats. Critics warn that upholding the executive order would effectively render thousands of children stateless and overturn over a century of settled law.
Lower courts previously blocked the implementation of the executive order, citing the binding nature of the Wong Kim Ark decision. The Justice Department, however, maintains that the Supreme Court has the authority to revisit and correct what it describes as an erroneous expansion of the amendment’s original scope. The upcoming ruling could fundamentally alter the definition of American citizenship.
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