Questions about whether Native Americans born in the United States have birthright citizenship if they aren’t “subject to the jurisdiction” of the U.S. — such as if they live on sovereign tribal land — were raised in a U.S. Justice Department filing this week defending President Donald Trump’s executive order suspending such citizenship.

U.S. President Donald Trump has said since his first administration that he wants to end birthright citizenship, a constitutional right for everyone born in the United States