On June 27, 2025, the U.S. Supreme Court issued a significant decision impacting the legal debate over birthright citizenship. The ruling stems from litigation surrounding Executive Order 14160, signed by President Donald Trump. While the Court did not rule on whether the Executive Order is constitutional, it narrowed the scope of federal court injunctions—reshaping how future immigration policies might be challenged in court.
This decision has major implications for families, immigration practitioners, and advocates nationwide.
Background: Executive Order 14160
On January 20, 2025, President Trump signed an Executive Order titled “Protecting the Meaning and Value of American Citizenship.” The Order seeks to deny U.S. citizenship at birth to children born in the United States if:
- The mother is unlawfully present or in the U.S. temporarily at the time of birth, and
- The father is not a U.S. citizen or lawful permanent resident.
This directly challenges the long-standing interpretation of the Fourteenth Amendment’s Citizenship Clause, which guarantees citizenship to nearly all individuals born on U.S. soil, regardless of their parents’ immigration status.
The Supreme Court’s June 27 Ruling
In a 6–3 decision authored by Justice Amy Coney Barrett, the Supreme Court ruled that federal courts may no longer issue broad, nationwide injunctions unless specifically justified. This means that court orders blocking federal policies must be limited to the plaintiffs in the specific case—not applied universally.
Key Points from the Ruling:
- Narrower Injunctions: Courts can no longer automatically halt a federal policy nationwide based on one lawsuit.
- No Ruling on Constitutionality: The Court did not decide whether Executive Order 14160 is lawful under the U.S. Constitution.
- Delayed Implementation: The Executive Order is set to take effect on July 28, 2025, just four weeks from today—unless new legal challenges block it.
What Happens Next?
The Court’s ruling limits procedural tools for blocking immigration policies but leaves the core issue of birthright citizenship unresolved. Here’s what to expect:
- New Legal Challenges: Several lawsuits are underway, including class-action efforts seeking broader relief under constitutional and statutory claims.
- Possible DHS Regulations: The administration is expected to issue new guidance or agency rules, which could trigger further litigation.
- Future Supreme Court Review Likely: Given the national significance, this issue could return to the Supreme Court in a future term—this time focusing on substance, not procedure.
Why This Matters
The Citizenship Clause of the Fourteenth Amendment has been a bedrock of U.S. immigration law since 1868. It was reaffirmed in the landmark case United States v. Wong Kim Ark (1898), which established that nearly all individuals born in the United States are U.S. citizens—regardless of race or parentage.
The current legal uncertainty affects:
- U.S.-born children of non-citizen parents
- Hospitals, schools, and employers dealing with proof of citizenship
- Immigration attorneys and advocates advising expectant parents
This case also signals how federal courts may be more limited in blocking controversial policies affecting immigrants, even if the policies are eventually found unconstitutional.
NPZ Law Group’s Commitment
At Nachman Phulwani Zimovcak (NPZ) Law Group, we are closely monitoring all legal and regulatory developments related to birthright citizenship and constitutional rights. Our team of experienced immigration attorneys is prepared to:
- Provide legal guidance to families impacted by this policy
- Assist with documentation and birth-related immigration matters
- Advocate for our clients in court if necessary
If you or someone you know is expecting a child in the U.S. and may be impacted by this policy, now is the time to seek legal advice.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.