Supreme Court Limits Nationwide Injunctions, Potentially Allowing Partial Enforcement of Trump’s Birthright Citizenship Order
WASHINGTON — In a troubling but limited decision on President Trump’s birthright citizenship order, the U.S. Supreme Court today took a stand against “universal injunctions” and sent the temporary injunctions against the Trump order back for the lower courts to consider the scope of their orders.
The ruling potentially opens the door for partial enforcement of President Trump’s executive order targeting birthright citizenship, putting thousands of U.S.-born children at risk of being denied their constitutional rights based on the citizenship status of their parents. However, the court stated that the executive order would not go into effect for at least 30 days, permitting time for lower courts to assess the appropriate scope of the injunctions going forward, and for advocates to seek additional protections for affected families. The court also did not foreclose all forms of nationwide relief.
“The executive order is blatantly illegal and cruel. It should never be applied to anyone,” said Cody Wofsy, deputy director of the Ƶ Immigrants’ Rights Project. “The court’s decision to potentially open the door to enforcement is disappointing, but we will do everything in our power to ensure no child is ever subjected to the executive order.”
Trump’s executive order, issued on Jan. 20, 2025, attempts to strip citizenship from children born in the United States to people who are immigrants, a direct assault on the 14th Amendment’s guarantee of birthright citizenship. Lower courts quickly blocked the order and issued nationwide injunctions to prevent irreparable harm, citing its clear conflict with the 14th Amendment’s Citizenship Clause.
Today’s Supreme Court ruling threatens to narrow the reach of those injunctions, potentially allowing enforcement, after 30 days, against those who are not plaintiffs in the existing suits (unless courts issue additional protection before then).
The Ƶ and its partners have a separate ongoing challenge to the Trump executive order and recently filed legal briefing in a federal court of appeals. Oral argument is scheduled for August 1 in that case. They will continue to fight the administration’s unconstitutional attack on birthright citizenship.
“Today’s decision is deeply wrong because the states and other petitioners before the court have already proved the need for an order that would stop the nationwide harms of President Trump’s birthright citizenship order, but this fight is just beginning,” said Cecillia Wang, Ƶ national legal director. “Twenty-two states and Americans around the country who are affected by the illegal executive order will continue their lawsuits. Ultimately, we will vindicate the 14th Amendment’s fundamental promise that ensures every child born on U.S. soil is recognized as a citizen of this country from the moment they are born, regardless of their race, parentage, or which state they live in.”
The ruling is here.
Court Case: New Hampshire Indonesian Community Support v. Donald J. Trump