The US Supreme Court has curtailed the power of federal judges to issue nationwide injunctions, clearing the way for President Donald Trump’s controversial order to end birthright citizenship to take effect in over half the country. The ruling does not address whether the order is constitutional but allows it to be enforced in 28 states that had not challenged it, while keeping it temporarily blocked in 22 Democratic-led states. Immigrant rights groups have warned the decision could result in stateless newborns and a chaotic patchwork of laws across the US.
The 6–3 decision came in response to President Donald Trump’s controversial executive order ending birthright citizenship for children born to undocumented or temporary visa holders on US soil.
The ruling was immediately hailed by Trump as a “monumental victory for the Constitution,” while immigrant rights groups and Democratic leaders voiced concern that it could lead to a patchwork of legal standards across the country and leave some newborns stateless. “By denying lower courts the ability to enforce that right uniformly, the Court has invited chaos, inequality, and fear,” said Krish O’Mara Vignarajah, president and CEO of Global Refuge.
Although the policy remains blocked in 22 Democratic-led states that sued to stop the order, the Supreme Court imposed a 30-day delay before it can take effect in the rest of the country. That window gives immigrant rights groups time to regroup and possibly file new challenges as class-action lawsuits. But with the door now open for selective enforcement, immigration advocates warn that confusion and legal uncertainty could have devastating consequences for vulnerable families.
What Is Birthright Citizenship?
Birthright citizenship is a constitutional right enshrined in the 14th Amendment , ratified after the Civil War to ensure citizenship for formerly enslaved people. It states, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.”
The principle was reinforced in the landmark 1898 Supreme Court case *United States v. Wong Kim Ark*, where the court ruled that a man born in the US to Chinese parents was a citizen, regardless of his parents’ immigration status. Since then, birthright citizenship has been a cornerstone of US constitutional law.
Exceptions have been extremely limited, such as children born to foreign diplomats. Trump's order seeks to broaden those exceptions dramatically.
Trump’s executive order and the legal backlash
Signed in January, Trump's executive order attempts to end automatic citizenship for babies born to undocumented immigrants or temporary visa holders. He has described the policy as a “magnet for illegal immigration,” arguing that the phrase “subject to the jurisdiction thereof” in the 14th Amendment justifies excluding these children from citizenship.
Lower federal courts, however, repeatedly blocked the order from taking effect. “This is a blatantly unconstitutional order,” said US District Judge John Coughenour in Seattle. In Maryland, Judge Deborah Boardman wrote that “the Supreme Court has resoundingly rejected and no court in the country has ever endorsed” Trump’s view of the 14th Amendment.
Despite these rulings, the Supreme Court declined to weigh in on the constitutionality of the order itself, focusing instead on the scope of the injunctions issued by the lower courts.
The Supreme Court’s ruling: what it changes
The court’s conservative majority, led by Justice Amy Coney Barrett, ruled that federal district judges do not have the authority to block a presidential policy nationwide. “Federal courts do not exercise general oversight of the Executive Branch,” Barrett wrote.
The decision sends the current challenges back to the lower courts, instructing them to narrow their injunctions to only cover plaintiffs with standing in the 22 states that sued. In the remaining 28 states — including Arkansas, Mississippi, and Texas — Trump’s order could go into effect after the 30-day delay.
Justice Sonia Sotomayor, writing for the dissent, called the decision “nothing less than an open invitation for the government to bypass the constitution.”
What comes next for immigrants?
Immigrant rights groups are already adjusting their legal strategies, preparing class-action lawsuits in states like Maryland and New Hampshire. However, legal experts warn that such efforts face numerous procedural hurdles. “It’s not the case that a class action is a sort of easy, breezy way of getting around this problem,” said Suzette Malveaux, a law professor at Washington and Lee University.
The immediate concern is for babies born during the transition period. In the 28 states where the order may soon apply, children born to undocumented or temporary residents may be denied citizenship, risking statelessness and potential deportation.
Sotomayor urged the lower courts to “act swiftly” in adjudicating new challenges to the executive order, while Trump indicated he would move quickly on a broader slate of policies that had previously been blocked by nationwide injunctions.
“This morning, the Supreme Court has delivered a monumental victory for the Constitution, the separation of powers and the rule of law,” Trump declared at the White House, flanked by Attorney General Pam Bondi. “We can now promptly proceed with numerous policies, including birthright citizenship.”
The 6–3 decision came in response to President Donald Trump’s controversial executive order ending birthright citizenship for children born to undocumented or temporary visa holders on US soil.
The ruling was immediately hailed by Trump as a “monumental victory for the Constitution,” while immigrant rights groups and Democratic leaders voiced concern that it could lead to a patchwork of legal standards across the country and leave some newborns stateless. “By denying lower courts the ability to enforce that right uniformly, the Court has invited chaos, inequality, and fear,” said Krish O’Mara Vignarajah, president and CEO of Global Refuge.
Although the policy remains blocked in 22 Democratic-led states that sued to stop the order, the Supreme Court imposed a 30-day delay before it can take effect in the rest of the country. That window gives immigrant rights groups time to regroup and possibly file new challenges as class-action lawsuits. But with the door now open for selective enforcement, immigration advocates warn that confusion and legal uncertainty could have devastating consequences for vulnerable families.
What Is Birthright Citizenship?
Birthright citizenship is a constitutional right enshrined in the 14th Amendment , ratified after the Civil War to ensure citizenship for formerly enslaved people. It states, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.”
The principle was reinforced in the landmark 1898 Supreme Court case *United States v. Wong Kim Ark*, where the court ruled that a man born in the US to Chinese parents was a citizen, regardless of his parents’ immigration status. Since then, birthright citizenship has been a cornerstone of US constitutional law.
Exceptions have been extremely limited, such as children born to foreign diplomats. Trump's order seeks to broaden those exceptions dramatically.
Trump’s executive order and the legal backlash
Signed in January, Trump's executive order attempts to end automatic citizenship for babies born to undocumented immigrants or temporary visa holders. He has described the policy as a “magnet for illegal immigration,” arguing that the phrase “subject to the jurisdiction thereof” in the 14th Amendment justifies excluding these children from citizenship.
Lower federal courts, however, repeatedly blocked the order from taking effect. “This is a blatantly unconstitutional order,” said US District Judge John Coughenour in Seattle. In Maryland, Judge Deborah Boardman wrote that “the Supreme Court has resoundingly rejected and no court in the country has ever endorsed” Trump’s view of the 14th Amendment.
Despite these rulings, the Supreme Court declined to weigh in on the constitutionality of the order itself, focusing instead on the scope of the injunctions issued by the lower courts.
The Supreme Court’s ruling: what it changes
The court’s conservative majority, led by Justice Amy Coney Barrett, ruled that federal district judges do not have the authority to block a presidential policy nationwide. “Federal courts do not exercise general oversight of the Executive Branch,” Barrett wrote.
The decision sends the current challenges back to the lower courts, instructing them to narrow their injunctions to only cover plaintiffs with standing in the 22 states that sued. In the remaining 28 states — including Arkansas, Mississippi, and Texas — Trump’s order could go into effect after the 30-day delay.
Justice Sonia Sotomayor, writing for the dissent, called the decision “nothing less than an open invitation for the government to bypass the constitution.”
What comes next for immigrants?
Immigrant rights groups are already adjusting their legal strategies, preparing class-action lawsuits in states like Maryland and New Hampshire. However, legal experts warn that such efforts face numerous procedural hurdles. “It’s not the case that a class action is a sort of easy, breezy way of getting around this problem,” said Suzette Malveaux, a law professor at Washington and Lee University.
The immediate concern is for babies born during the transition period. In the 28 states where the order may soon apply, children born to undocumented or temporary residents may be denied citizenship, risking statelessness and potential deportation.
Sotomayor urged the lower courts to “act swiftly” in adjudicating new challenges to the executive order, while Trump indicated he would move quickly on a broader slate of policies that had previously been blocked by nationwide injunctions.
“This morning, the Supreme Court has delivered a monumental victory for the Constitution, the separation of powers and the rule of law,” Trump declared at the White House, flanked by Attorney General Pam Bondi. “We can now promptly proceed with numerous policies, including birthright citizenship.”
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