On June 27, 2025, the Supreme Court limited federal judges from issuing universal injunctions, which had been issued to block President Donald Trump from implementing his Executive Order ending birthright citizenship. It fell silent on whether the administration could limit birthright citizenship in the Constitution; rather, this ruling instead finds district courts went too far when issuing nationwide injunctions.
Background
It has long been widely accepted that the Constitution’s 14th Amendment confers automatic citizenship to almost anyone born in the United States. However, President Trump on his first day in office in January 2025 issued an Executive Order limiting birthright citizenship only to those who have at least one parent who is a US citizen or permanent resident.
This Executive Order was promptly challenged in court, and multiple courts across different states and jurisdictions that have ruled on this matter so far have issued decisions temporarily blocking its enforcement.
Supreme Court ruling
The issue in front of the Supreme Court centered on nationwide injunctions that federal district court judges from federal courts in Washington, Maryland and Massachusetts had granted challenging Trump’s birthright citizenship order. These injunctions temporarily blocked enforcement of the Executive Order while the cases moved through the court system.
In a 6-3 vote, the Supreme Court approved a request from the Trump administration to limit the scope of nationwide injunctions imposed by judges so that they apply only to states, groups and individuals that have sued.
The decision does not weigh in on the legal merits of the policy itself, but instead focuses on whether lower court judges had the authority to block its enforcement nationwide. The ruling also clarified that it applies only “to the extent that the injunctions are broader than necessary.”
As a result of the ruling, the birthright citizenship policy can potentially move forward nationwide, although individual plaintiffs could still file their own lawsuits in those states and the current challengers can still move to reinstate injunctions that are less broad in scope. In addition, it is worth noting that while lower courts may still be able to prevent the birthright citizenship order from being enforced either by meeting the higher standard the Supreme Court articulated for a nationwide injunction or by certifying a nationwide class action, this decision may also have an impact on other challenges that may be brought to the policies rendered by Trump’s administration.
As the impact of this ruling is currently evolving, Vialto will continue to monitor this issue and provide updates on any future developments or policy changes.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Manish Daftari
Partner
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