Supreme Court Limits Nationwide Injunctions in Birthright Citizenship Case

In a 6–3 decision, the Court ruled that lower courts may no longer issue nationwide injunctions that block federal policies for everyone. The decision comes in response to litigation over President Donald Trump's executive order aiming to restrict birthright citizenship—an effort that had been halted nationwide by lower court rulings.

While the Supreme Court did not decide the constitutionality of Trump’s executive order (EO 14160), it did strike a significant blow to the legal tools historically used to pause controversial policies across the entire country while legal battles play out. For immigrants and their U.S.-born children, the ruling introduces a new level of legal uncertainty.

Background: Trump’s Executive Order and the Legal Challenge

The Trump administration, through EO 14160, sought to end the automatic granting of U.S. citizenship to certain children born on U.S. soil to noncitizen parents, especially those who entered the country unlawfully or on temporary visas. Legal scholars and civil rights groups immediately challenged the order, arguing that it violates the 14th Amendment, which guarantees birthright citizenship to "all persons born or naturalized in the United States."

Multiple federal courts issued nationwide injunctions blocking the implementation of the policy pending judicial review. The administration appealed, and the Supreme Court agreed to hear the case, but focused on the procedural question of whether such broad injunctions are permissible at all.

What the Supreme Court Ruled

The majority opinion, authored by Justice Barrett, concluded that lower courts overstepped their authority by issuing injunctions that apply beyond the parties directly involved in the case. Going forward, injunctions must be limited to specific plaintiffs or jurisdictions, not blanket nationwide orders.

In other words, a district court in Colorado can block enforcement of a federal immigration policy within that state or for the plaintiffs in the lawsuit, but cannot prevent the government from enforcing it elsewhere.

The Court emphasized that under Article III of the Constitution, federal courts are empowered to resolve specific disputes, not to impose binding nationwide rules unless Congress has authorized it.

Immediate Impact: Where the Birthright Citizenship Order Stands Now

The executive order restricting birthright citizenship remains blocked for at least 30 more days, giving the lower courts time to revise their injunctions in accordance with the Supreme Court’s ruling.

What happens next will depend on how these courts respond. If the courts issue new, narrower injunctions, it’s possible that the executive order could go into effect in some states but not others. For example:

• States involved in lawsuits (like Colorado) may continue to block enforcement.

  
  

• States that did not sue could see the executive order begin to take effect.

  
  

• Class-action lawsuits, if certified, could still provide broader protections.

The result could be a confusing and uneven patchwork of enforcement across the country.

The executive order (EO 14160) restricting birthright citizenship could be implemented in the 28 U.S. states that did not join any lawsuits challenging the order. Here’s the list of those states:

🟥 States Where the Executive Order Could Be Enforced:

1	Alabama	11	Louisiana	21	South Carolina
2	Alaska	12	Mississippi	22	South Dakota
3	Arkansas	13	Missouri	23	Tennessee
4	Florida	14	Montana	24	Texas
5	Georgia	15	Nebraska	25	Utah
6	Idaho	16	Nevada	26	West Virginia
7	Indiana	17	North Carolina	27	Wisconsin
8	Iowa	18	North Dakota	28	Wyoming
9	Kansas	19	Ohio
10	Kentucky	20	Oklahoma

Broader Legal and Policy Implications

This ruling has implications far beyond the current birthright citizenship case. For years, nationwide injunctions have been a critical tool used by both liberal and conservative litigants to halt sweeping federal actions, ranging from immigration enforcement policies to healthcare regulations.

With this decision, future challenges to federal policies will need to be more targeted. Advocacy groups may have to file multiple lawsuits across different jurisdictions to achieve the same level of protection once possible through a single court order.

This change could have particular consequences for immigrant communities. Policies affecting immigration are often implemented swiftly and on a large scale. Without the ability to stop a policy nationwide, vulnerable individuals in states that did not file suit may be left exposed to abrupt legal changes, even as courts elsewhere declare the same policy unlawful.

What to Expect Next

1. Revised Injunctions: District courts must now narrow the scope of their rulings, which may lead to state-by-state differences in how the birthright citizenship order is enforced.

   
   

2. Class Actions or Circuit Splits: Attorneys may seek to certify national classes to regain broader protection. Alternatively, different appeals courts may rule in different ways, potentially setting up a return trip to the Supreme Court.

   
   

3. A Constitutional Showdown: The ultimate legal question—whether Trump’s order violates the 14th Amendment—remains unresolved. That issue will be litigated in the lower courts over the coming months or even years.

   
   

4. Patchwork Enforcement: If no broader relief is granted, the executive order could be enforced in certain parts of the country while being blocked in others, causing confusion and uncertainty for families with mixed immigration status.

Final Thoughts

Today’s Supreme Court ruling reshapes the legal landscape for challenging federal immigration policy. While it does not end the fight over birthright citizenship, it significantly changes how that fight will unfold. For immigrants and advocates, the decision means a harder road ahead—one that may require more lawsuits, more coordination across jurisdictions, and more resilience in the face of an increasingly fragmented legal system.

Tran Flores Law will continue to monitor this issue and provide updates as the litigation continues. If you or a loved one may be affected by the changing legal landscape, we encourage you to seek legal advice as soon as possible. 📞 Call us today at (512) 894-9984 to schedule a consultation.