7 July 2025

On January 20, 2025, President Trump signed Executive Order 14160, which seeks to restrict birthright citizenship under the Fourteenth Amendment of the US Constitution. Specifically, the order targets children born on US soil to parents who are neither US citizens nor lawful permanent residents. This would include children of nonimmigrant visa holders living lawfully in the US.

Following the issuance of the order, a number of federal lawsuits were filed, resulting in nationwide injunctions that temporarily blocked implementation. The Trump administration subsequently appealed these injunctions directly to the US Supreme Court.

On June 27, 2025, the Supreme Court ruled that the lower courts likely lacked the authority to issue nationwide injunctions. The Court remanded the cases for further review and granted a partial stay, limiting the injunctions to only what is necessary to provide complete relief to the individual plaintiffs with standing. Importantly, the Court did not rule on the constitutionality of the executive order itself. Somewhat unusually, the opinion also specified that the order cannot take effect for at least 30 days from the date of the decision, during which time replacement lawsuits can be filed. In dissent, Justices Sotomayor and Jackson pointed out the harms this ruling will cause, namely making challenges considerably more burdensome and allowing administrations to engage in unconstitutional actions without any repercussions for a period of time and in places where lawsuits have not been filed. However, the actions will still be challengeable.

Unsurprisingly, advocates were prepared for this ruling and several organizations have already filed emergency motions and other legal challenges. Additional litigation is expected, and the timeline for potential implementation remains uncertain.

Laura Devine Immigration are obviously concerned about the potential impact an end to birthright citizenship would have on our clients and the nation, both as a fundamental matter but also as a practical matter for our clients. We are monitoring these developments and will provide updates as the situation evolves. Should you have questions about how this may impact you or your family’s immigration status please contact your Laura Devine Immigration attorney or email enquiries@lauradevine.com.