Important Updates
Important Updates
March 18, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
March 19, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 19, 2026 | PakistanPakistan: Suspension of Visas-on-Arrival and Visa Prior to Arrival Programs
March 19, 2026 | France, United KingdomThe Sunday Times: Make Your Move from the UK to France
March 18, 2026 | United KingdomCareMarkets: Cost of Non-Compliance
March 18, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
March 19, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 19, 2026 | PakistanPakistan: Suspension of Visas-on-Arrival and Visa Prior to Arrival Programs
March 19, 2026 | France, United KingdomThe Sunday Times: Make Your Move from the UK to France
March 18, 2026 | United KingdomCareMarkets: Cost of Non-Compliance
March 18, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • 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: Ninth Circuit Affirms Nationwide Scope of Birthright Citizenship Injunction

July 24, 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

At a glance

  • The Ninth Circuit Court of Appeals has affirmed the nationwide scope of a district court injunction barring implementation of President Trump’s birthright citizenship Executive Order, holding that the nationwide scope is appropriate in order to provide complete relief to plaintiff U.S. states.
  • The appeals court decision follows a June 27 Supreme Court decision that limited federal court authority on injunctions, directing courts to issue injunctions that apply only to the extent necessary to provide complete relief to plaintiffs.
  • The status quo regarding implementation of the birthright citizenship EO remains unchanged; the U.S. government is already barred from implementing the EO pursuant to a nationwide class action preliminary injunction in a separate lawsuit.
  • The government is expected to appeal the Ninth Circuit decision to the Supreme Court.

The issue

On July 23, the Ninth Circuit Court of Appeals affirmed the nationwide scope of a Washington district court injunction barring implementation of President Trump’s January 20 birthright citizenship Executive Order (EO). The Ninth Circuit 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, four plaintiff U.S. states (Arizona, Illinois, Oregon, and Washington) argued to the Ninth Circuit that complete relief from enforcement of the birthright citizenship EO requires a nationwide scope because the States would suffer the same harms under a geographically-limited injunction as they would without an injunction – namely that the States would need to overhaul all state-wide systems that administer programs eligible for citizens only, among other harms. The Ninth Circuit agreed and determined that the federal district court did not abuse its discretion in issuing a nationwide injunction, thereby leaving the nationwide protection intact. The cases are State of Washington et al. v Trump et al., 25-807 (9th Cir.) and State of Washington et al. v. Trump et al., 2:25-cv-00127 (W.D. Wash.).

The U.S. government is already barred from implementing the birthright citizenship EO pursuant to a court order in a separate lawsuit. A nationwide class action preliminary injunction was issued on July 10 by a New Hampshire federal district court.

What’s next

It is expected that the U.S. government will appeal the Ninth Circuit decision to the Supreme Court 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.

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

The Sunday Times: Make Your Move from the UK to France

Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.

Learn more

Video

Traveling to the US for the 2026 FIFA World Cup: Visa, ESTA and Entry Rules Explained | #MobilityMinute

Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.

Learn more

Media mentions

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Media mentions

The Sunday Times: Make Your Move from the UK to France

Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.

Learn more

Video

Traveling to the US for the 2026 FIFA World Cup: Visa, ESTA and Entry Rules Explained | #MobilityMinute

Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.

Learn more

Media mentions

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

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.