Trump’s Birthright Citizenship Ban: SC Limits Nationwide Injunctions By Judges| Washington
What’s Going On?
Earlier this year, 22 states — including Washington and Oregon — sued the Trump administration over a controversial birthright citizenship ban. In response, federal judges issued nationwide orders to block the ban from taking effect across the U.S.
But last week, the Supreme Court changed the game.
In a 6-3 decision, the Court ruled that federal judges can no longer issue nationwide injunctions unless they directly apply to the people or states involved in the lawsuit. That means the citizenship ban could still go into effect in states not part of the lawsuit — and soon.
What This Means for July 27
The Court did not say whether the birthright citizenship ban is constitutional — that decision is still pending in lower courts.
However, unless new legal action is taken, Trump’s ban could become law in 28 states — those that didn’t sue — starting July 27, 2025.
For families in those states, this could mean major consequences.
Who Could Be Affected?
Trump’s policy would deny U.S. citizenship to babies born after February 19, 2025, if:
- The mother is undocumented and the father is not a U.S. citizen or green card holder, or
- The mother is on a temporary visa (student, work, or travel), and the father is also not a citizen or permanent resident.
This rule could affect thousands of newborns — possibly leaving them stateless, meaning they have no recognized citizenship in any country.
More than 4 million U.S.-born children currently live with at least one undocumented parent. Around 1.8 million live in households where both parents lack legal status. For future children in these families, the ban is a serious threat.
In places like Idaho and Utah — states where the ban could be enforced — future children born into mixed-status families (where the child is born in the U.S. but parents aren’t citizens or residents) may lose their right to U.S. citizenship.
Can Anything Be Done?
Yes — and some groups are already on it.
The Supreme Court left one path open: class-action lawsuits. This would allow advocates to represent all people affected by the ban nationwide, even in states that didn’t sue directly.
Just hours after the ruling, advocacy groups behind one of the original lawsuits refiled their case as a class-action on behalf of pregnant people and future children born to undocumented families. If a judge approves the class-action before July 27, it could block the ban nationwide again.
So far, two class-action cases have been filed. More may follow in the coming weeks.
The Bigger Picture
The battle over birthright citizenship is far from over. The Supreme Court has only limited how courts can block laws — not whether Trump’s policy is legal or constitutional.
But if no further legal action succeeds by July 27, the birthright ban could become a harsh reality for millions of families across 28 states.
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