On June 27, 2025, the U.S. Supreme Court ruled that federal courts lack the authority to issue a "universal" injunction on President Trump's executive order on birthright citizenship. The executive order directs federal agencies to refuse to recognize birthright citizenship for children born in the United States unless at least one parent is a U.S. citizen or lawful permanent resident (i.e., green card holder). Federal judges in Maryland, Massachusetts, and Washington state had previously enjoined the executive order nationwide. The Supreme Court ruled that federal district court judges cannot impose a nationwide preliminary injunction on the executive order. However, the Supreme Court did not rule on the constitutionality of the order and instead instructed the lower courts to reassess the scope of any limits imposed by subsequent rulings.
The Court also held that the birthright citizenship executive order cannot take effect for at least 30 days from June 27, 2025. This 30-day window will allow for additional legal challenges, which we anticipate to be brought. If the executive order ultimately takes effect, there are a litany of unanswered questions, including the logistics of how a child born to two nonimmigrants (e.g., H-1Bs, L-1s, H-4s, L-2s, etc.) legally in the United States will obtain dependent status.
We will keep you updated on future developments on the birthright citizenship issue.
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