United States: District Court Retains Nationwide Remedy Barring Implementation of Birthright Citizenship EO
July 28, 2025

On July 25, a Massachusetts federal district court declined to modify its nationwide injunction barring implementation of President Trump’s January 20 birthright citizenship Executive Order (EO), holding that the nationwide scope of the injunction is necessary to provide complete relief to the plaintiff U.S. states. The injunction is the third nationwide remedy that is currently preventing the U.S. government from implementing the EO. The case is State of New Jersey et al v. Trump et al., 25-cv-10139 (D. Mass.). Plaintiff U.S. states in the case are California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin.
The district court decision follows a June 27 Supreme Court decision that 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. In response, the nearly 20 plaintiff U.S. states argued to the district court that complete relief from enforcement of the birthright citizenship EO requires a nationwide scope. The court agreed and declined to modify its original nationwide injunction.
The U.S. government is already barred from implementing the birthright citizenship EO pursuant to orders in two separate lawsuits – one is a nationwide class action preliminary injunction issued on July 10 by a New Hampshire federal district court; the other is a nationwide injunction affirmed on July 24 based on the same “complete relief” argument presented in the State of New Jersey case.
It is expected that the U.S. government will appeal the State of New Jersey nationwide injunction to higher courts and will continue to appeal any 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.
Explore more at Fragomen

Awards
Fragomen is ranked in Band 1 in Chambers & Partners High Net Worth Legal Guide 2025.

Media mentions
Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Video
Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Media mentions
Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Media mentions
Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Media mentions

Media mentions
Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Media mentions
Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

Media mentions
Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.

Video
In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.

Media mentions
Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.

Awards
Fragomen is ranked in Band 1 in Chambers & Partners High Net Worth Legal Guide 2025.

Media mentions
Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Video
Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Media mentions
Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Media mentions
Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Media mentions

Media mentions
Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Media mentions
Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

Media mentions
Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.

Video
In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.

Media mentions
Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.