Important Updates
Important Updates
January 16, 2026 | Republic of Korea (South Korea)South Korea: Longer Processing Times and Increased Security of D-8 and D-9 Visa Applications
January 20, 2026Asia Pacific: Processing Delays and Closures Around Lunar New Year
January 20, 2026 | CanadaCanada: Family Reunification Permanent Residence Pathway for Ukrainian Citizens Announced
January 20, 2026 | CanadaCTV Your Morning: Canada's Immigration System
January 20, 2026 | SwitzerlandSwitzerland: Quota Update for Croatian Nationals
January 16, 2026 | Republic of Korea (South Korea)South Korea: Longer Processing Times and Increased Security of D-8 and D-9 Visa Applications
January 20, 2026Asia Pacific: Processing Delays and Closures Around Lunar New Year
January 20, 2026 | CanadaCanada: Family Reunification Permanent Residence Pathway for Ukrainian Citizens Announced
January 20, 2026 | CanadaCTV Your Morning: Canada's Immigration System
January 20, 2026 | SwitzerlandSwitzerland: Quota Update for Croatian Nationals
January 16, 2026 | Republic of Korea (South Korea)South Korea: Longer Processing Times and Increased Security of D-8 and D-9 Visa Applications
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: District Court Certifies Nationwide Class and Issues Preliminary Injunction Barring Implementation of Birthright Citizenship Executive Order

August 8, 2025

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

On August 7, 2025, a Maryland federal district court certified a nationwide class and issued a preliminary injunction barring implementation of President Trump’s January 20 birthright citizenship Executive Order (EO) against class members. The injunction is the fourth nationwide remedy that is currently preventing the U.S. government from implementing the EO. The case is CASA, INC., et al. v. Trump et al.,8:25-cv-00201 (D. Md.).

The class certification court order identifies members of the certified class as:

Any child who has been born or will be born in the United States after February 19, 2025,

  • whose mother was unlawfully present in the United States and whose father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
  • whose mother’s presence in the United States at the time of said person’s birth was lawful but temporary and whose father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

Background

In February 2025, the district court in the CASA case had issued a nationwide injunction barring implementation of the birthright citizenship EO; however, a June 27 Supreme Court decision limited the authority of federal courts to issue nationwide (or “universal” in the court’s terminology) injunctions, directing courts to issue injunctions only to the extent necessary to provide complete relief to plaintiffs. The Court also referenced class action lawsuits as a potential legal mechanism for plaintiffs to obtain more widespread relief. In response, the CASA plaintiffs amended their lawsuit to request a nationwide class certification consisting of individuals who would be harmed by the EO, and a preliminary injunction barring implementation. The district court has granted both requests.

Current status of lawsuits challenging the EO

The U.S. government is already barred from implementing the birthright citizenship EO pursuant to court orders in three other lawsuits – one is a nationwide class action preliminary injunction issued on July 10 by a New Hampshire federal district court; one is a nationwide injunction affirmed by the Ninth Circuit on July 24 based on the argument that “complete relief” for the U.S. plaintiff states continues to be a nationwide injunction; the third is a July 25 nationwide injunction issued by a Massachusetts federal court based on the argument regarding “complete relief” for U.S. plaintiff states.

What’s next

It is expected that the U.S. government will appeal lower court decisions unfavorable to the government in the various ongoing lawsuits challenging the birthright citizenship EO. As long as any nationwide legal remedy remains in place, the EO cannot be implemented. Regardless of the outcome of the current array of preliminary injunction requests and appeals, the legality of the EO itself will continue to be litigated in the lower courts in the underlying lawsuits.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen. 

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

Learn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

Learn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.