A sweeping executive order from President Trump aiming to restrict birthright citizenship for U.S.-born children of non-citizen parents has ignited a legal firestorm across the country.
Signed on January 20, 2025, Executive Order (EO) 14160, sought to reinterpret the 14th Amendment, denying automatic citizenship to children born in the U.S. unless at least one parent is a U.S. citizen or lawful permanent resident. Critics called the move unconstitutional, pointing to over a century of Supreme Court precedent affirming citizenship for nearly all children born on U.S. soil.
On June 27, 2025, the U.S. Supreme Court issued a ruling in Trump v. CASA, Inc., limiting the authority of federal district courts to issue nationwide injunctions blocking enforcement of federal policies anywhere in the United States. The Supreme Court held that injunctive actions should be limited to the actual parties before the court––suggesting that certified class actions are a more appropriate vehicle for nationwide relief.
While the decision did not resolve the underlying constitutional challenge to President Trump’s EO, it directly affects how the policy will be litigated moving forward.
Many states have already taken legal steps to protect birthright citizenship within their borders. Over the last week, legal battles have begun to unfold in dozens of states, creating a “patchwork citizenship system” where a child’s rights could depend on the state of birth.
In a significant development on July 10, a federal judge in New Hampshire temporarily blocked the EO in the class-action case, Barbara v. Trump. Birthright citizenship remains intact nationwide for now, but the Turmp administration is expected to appeal the New Hampshire ruling, and the case could potentially return to the Supreme Court later this year. Without a clear Supreme Court ruling or federal legislation, citizenship rights remain in limbo for many newborns across the U.S.
We will continue to share updates as we learn them.
Key Updates
On June 27, 2025, the U.S. Supreme Court issued a ruling in Trump v. CASA, Inc., limiting the authority of federal district courts to issue nationwide injunctions. The decision pushes back against the growing trend of district courts halting immigration orders nationwide, and while it did not resolve the underlying constitutional challenge to birthright citizenship, it did affect how the policy will be litigated moving forward.
In a significant development on July 10, a federal judge in New Hampshire temporarily blocked Trump’s executive order in the class-action case, Barbara v. Trump. Birthright citizenship remains intact nationwide–for now–but the Trump administration is expected to appeal the New Hampshire ruling, and the case could potentially return to the Supreme Court later this year. Legal battles have begun to unfold in dozens of states, creating a “patchwork citizenship system” where a child’s rights could depend on the state of birth. In the meantime, citizenship rights remain in limbo for many newborns across the U.S.
