Trump v. CASA, Inc., et al. What does the Supreme Court’s June 27, 2025 ruling mean for birthright citizenship?
THE SHORT ANSWER: It’s still unfolding.
The Court’s decision on June 27, 2025, did not address the guarantee of citizenship for those born on U.S. soil enshrined in the 14th Amendment to the US Constitution since the 1800s. However, it did narrow the power of federal courts to issue nationwide (i.e., universal) injunctions when it granted the Administration’s request for a partial stay of the preliminary injunctions to the extent that the injunctions are broader than necessary to provide complete relief to each (named) plaintiff with standing to sue in the litigation aiming to block the Executive Order attempting to reinterpret birthright citizenship as it has been known in the U.S. over 2 centuries.
Without the ability to issue a nationwide injunction, either a case needs to be brought in all Federal District Courts where lawsuits were not already filed, or someone will have to file and certify a class action to encompass all possible plaintiffs to prevent implementation of the Executive Order.
As a result, the Administration’s Executive Order could take effect in 30 days in federal districts where no legal challenges have yet been filed. As outlined in the Executive Order, the various heads of all executive departments and agencies must issue public guidance within 30 days regarding its implementation with respect to their operations and activities. One could hope that such guidance will bring clarity on what situations are and what situations are not impacted by the Executive Order.
We are monitoring this closely, collaborating with attorneys and legal organizations across the country (including the ABA, AAAA, and our immigration attorney colleagues), and we are committed to providing clarity and care as the path ahead comes into focus.
There’s no reason to panic. There’s every reason to stay informed, and to trust that you’re not in this alone.
