United States: District Court Certifies Nationwide Class and Issues Preliminary Injunction Barring Implementation of Birthright Citizenship Executive Order
August 8, 2025
Country / Territory
Share
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.
