On June 30, 2026, the U.S. Supreme Court (SCOTUS) issued a decision in connection with Trump v. Barbara. At issue in that case was whether the Constitution guarantees citizenship to children born to parents who are unlawfully or temporarily present in the United States. Chief Justice Roberts delivered the opinion of the court, holding that “[c]hildren born in the United States to parents unlawfully or temporarily present are ‘subject to the jurisdiction’ of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause.” The decision effectively strikes down President Trump’s Executive Order No. 14160 (“Protecting the Meaning and Value of American Citizenship”) (the Order), which sought to end birthright citizenship.
Background
On January 20, 2026, President Trump issued the Order, which provided that children born in the United States of parents who are unlawfully or temporarily present here do not qualify for citizenship under the Fourteenth Amendment or the Immigration and Nationality Act. The New Jersey Office of the Attorney General participated in a multistate lawsuit that successfully sought to enjoin enforcement of the Order while challenges to it moved forward in court. SCOTUS considered – and ultimately rejected – the validity of the Order in the context of a challenge brought by a class of children who would lose citizenship under the Order, Trump v. Barbara.
The multistate coalition in which New Jersey participated argued, in part, that by rescinding Medicaid eligibility of certain affected children, the Order would have “direct impacts on public health agencies and local schools, which must provide certain early intervention and special education services to infants, toddlers, and students with disabilities under the Individuals with Disabilities in Education Act (IDEA).” As the coalition stated, “[s]tates and local school districts receive partial Medicaid reimbursement from the federal government for providing such services to Medicaid-enrolled children… [b]ecause the Order will eliminate this funding for Affected Children with special needs, the [States] will suffer direct financial harms.” In other words, had the validity of the Order been upheld, there would have been a clear and direct financial impact on our State’s schools and services provided to our State’s students.
The NJSBA is reviewing the decision and will provide additional information as necessary. As always, boards of education and charter school boards of trustees should consult with their attorneys for specific legal advice and guidance.
