On January 20, 2025, President Trump issued executive order 14160 (EO), which attempts to end birthright citizenship under the Fourteenth Amendment of the U.S. Constitution for children born on U.S. soil if, at the time of the child’s birth, neither parent of the child is a U.S. citizen or lawful permanent resident. See Birthright Citizenship EO.
At least six federal lawsuits were filed following issuance of this order, resulting in nationwide injunctions that blocked the Trump administration from moving forward with implementation of the EO.
The Trump administration responded by filing an appeal of the nationwide injunctions directly with the Supreme Court of the United States.
On Friday, June 27, 2025, the Supreme Court ruled that the lower courts likely did not have the power to issue nationwide injunctions on the EO, asked the lower courts to reexamine their decisions and granted a partial stay of the nationwide injunctions. They indicated, “but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue.” The Court did not rule on the constitutionality of the EO itself and indicated that the EO could not take effect for 30 days from their decision. As of this writing, organizations have already submitted filings with federal courts for emergency blocks and other remedies in response to the Supreme Court ruling. Additional lawsuits are expected, and it is very unclear at this time whether or when implementation of the EO may begin. The Fredrikson Immigration Group is monitoring developments in this matter and will provide updates when meaningful updates are available.
Please contact our team with questions.
