NewsFlash! Supreme Court Ducks Birthright Citizenship Question

Today, the U.S. Supreme Court issued a decision in the lawsuit challenging President Trump’s executive order (EO) that limits birthright citizenship. Trump issued the EO immediately after taking office in January 2025, severely limiting who automatically becomes a U.S. citizen upon being born in the United States. Following a series of lawsuits, several federal courts issued nationwide injunctions, blocking the implementation of the EO. The Supreme Court sidestepped the issue of whether this EO is unconstitutional, and instead ruled that a federal court cannot issue a nationwide injunction against such an order.

Federal courts now can only pause a law or policy to the extent that it applies to those who bring the lawsuit, but not for similarly affected individuals throughout the entire country. The decision could impact the ability of federal courts to pause other immigration laws or policies set forth by the administration.

In the meantime, CASA, one of the plaintiffs suing to block the EO, has already moved to convert the lawsuit to a class action on behalf of “[a]ll children who have been born or will be born in the United States on or after February 19, 2025, who are designated by Executive Order 14,160 to be ineligible for birthright citizenship, and their parents.” If successful, it is possible an injunction could be issued covering this entire class of people.

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