Visa Lawyer Blog
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.
