Supreme Court Eliminates Nationwide Injunctions in Birthright Citizenship Case, Allows Enforcement on July 27th

In a significant ruling handed down on Friday, the U.S. Supreme Court limited the power of federal judges to impose nationwide injunctions against President Trump’s executive order aimed at denying birthright citizenship to children born in the U.S. to noncitizens.

While the justices did not rule on the legality of the President’s executive order, this decision is an extraordinary victory for the Trump administration, because it hinders lower courts from intervening in potentially illegal actions by the government.

Historically, lower courts have issued nationwide preliminary injunctions early in litigation to block government conduct that could cause irreparable harm to plaintiffs pending judicial review.

The court’s decision to restrain judges from providing such relief is a remarkable departure from historic precedent and ventures into dangerous territory. It further indicates that the balance of power on the Supreme Court has clearly shifted in Trump’s favor, with six conservative justices backing his position.

What it Means

The ruling means that lower courts cannot stop the enforcement of the executive order on a nationwide basis for affected individuals. The executive order can only be suspended against individuals who have filed lawsuits against the government (either as individual plaintiffs or in class actions) or where a state has issued a state-wide injunction.

It will take time before the Supreme Court ultimately rules on the constitutionality of the executive order, with some legal experts suggesting the process could stretch on for years.

It is also uncertain whether this decision could restrict future nationwide blocks on controversial laws, particularly in other immigration and civil rights cases against the government.

Frequently Asked Questions

Q: When does the executive order take effect?

A: Although Trump’s executive order on birthright citizenship was initially set to take effect on February 19, 2025, ongoing legal challenges postponed its implementation.

In Friday’s ruling, the Supreme Court said that Trump’s executive order denying birthright citizenship can take effect 30 days after June 27, 2025, setting the new date of enforcement for July 27^th.

Q: Who does the executive order target?

A: Pursuant to the executive order, no department or government agency of the United States will issue documents recognizing U.S. citizenship, or accept documents issued by State, local, or other governments or authorities, for children born on or after July 27, 2025

(1) when that child’s mother was unlawfully present in the United States and the child’s father was not a United States citizen or lawful permanent resident at the time of the child’s birth, or

(2) when that child’s mother’s presence in the United States was lawful but temporary, and the child’s father was not a United States citizen or lawful permanent resident at the time of the child’s birth

Q: Who is NOT affected by the executive order?

U. S. Citizens
Lawful permanent residents (green card holders)
Plaintiffs who have filed individual lawsuits
Plaintiffs who are part of class action lawsuits
Residents of states who obtained injunctions against enforcement

The following states have obtained injunctions against enforcement:

- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- Oregon
- Rhode Island
- Vermont
- Washington
- Wisconsin

Q: How does the Supreme Court ruling affect enforcement?

A: It allows the order to take effect on July 27, 2025, against anyone who has not already secured individual court protection (as a plaintiff in an individual lawsuit or class action) or is not covered by a state-specific injunction.

Q: If a child was born between February 19 and July 27, 2025, does the executive order affect their citizenship?

A: No. These children were protected by nationwide preliminary injunctions and delayed enforcement.

Q: What can affected parents in non-injunction states do immediately after July 27, 2025?

A: File lawsuits or seek class-action certification promptly. Those living in states that have obtained injunctions against enforcement are protected.

Q: Can citizenship be restored retroactively if the order is later found unconstitutional?

A: Yes, through individual or class-action lawsuits specifically providing relief for restoration of citizenship status.

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