Trump v. Barbara · ¶552

Second, respondents chose to pursue a facial challenge to the executive order at issue in this case and secured below a preliminary injunction barring every one of the order’s potential applications. Under this Court’s precedents, we can sustain that injunction only if “no set of circumstances exists” in which the order may be applied lawfully. United States v. Salerno, 481 U. S. 739, 745 (1987). That is a demanding standard, and it is not met here. Among other things, the executive order holds that children born to temporary visitors in this country, whether here lawfully or unlawfully, are not citizens. And at least to that extent, the order is consistent with the Citizenship Clause as JUSTICE THOMAS and I read it. By definition, temporary visitors to this country do not choose to make a permanent home here, and their children thus cannot claim the privilege of citizenship. Because…

slip opinion, revised 7/01/26
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