Supreme Court Decision Limits Nationwide Injunctions, Leaves Birthright Citizenship Issue Unsettled

On June 27, 2025, in a case implicating President Trump’s Executive Order (EO) on birthright citizenship, the U.S. Supreme Court issued a decision limiting federal courts’ ability to issue nationwide injunctions blocking EOs and broad national policies. It explained that in such cases, courts should normally only block federal policies for the individuals or organizations that bring a lawsuit, unless a statute or class action process allows broader relief. This ruling makes it less likely that a single lawsuit will be able to stop a federal policy from taking effect across the entire country.

The Supreme Court’s order incorporates a change to the effective date of the EO, which was agreed to by the government. The Court stated that the EO does not apply to children born since January 20, 2025, and for 30 additional days after the order. Under the decision, all children born in the United States before July 28, 2025, regardless of their parents’ immigration status, will be recognized as U.S. citizens by the executive branch of the federal government.

The decision did not address the merits or constitutionality of the EO. The decision means that there will be continuing and evolving uncertainties, including legal challenges to the birthright citizenship order in the federal courts. For example, filed within hours of the decision, a lawsuit in New Hampshire seeks to designate a nationwide class of children needing protection from the EO. Meanwhile, at a press conference on June 27, 2025, President Trump announced that the administration plans to take additional actions to end birthright citizenship. These efforts will likely take the form of new agency rules, policies, and guidance aimed at implementing the EO.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Senior Associate Lawyer, Catherine Betancourt at catherine@flynnhodkinson.com.