United States: Litigation Challenging the Birthright Citizenship Executive Order
March 19, 2025
Country / Territory
Share
March 19, 2025 Update
With several nationwide injunctions currently blocking the U.S. government’s implementation of the birthright citizenship Executive Order (EO), on March 14, 2025, the U.S. Supreme Court agreed to consider whether three of these injunctions should be limited only to the Plaintiff U.S. States and groups instead of barring implementation nationwide. Three Courts of Appeal had already declined the government’s request to apply the injunction to the lawsuit parties only, so the Trump Administration requested U.S. Supreme Court review of the issue – the Court agreed. A response from the Plaintiffs on the issue of nationwide injunctions is due to the Court by April 4, 2025.
Should the Supreme Court limit the nationwide injunctions in these three district court cases in the manner requested by the Trump Administration, the remaining nationwide injunctions would also be effectively limited to apply to only the Plaintiff U.S. States and groups involved in those lawsuits. That would mean the government could implement the birthright citizenship EO in any non-Plaintiff U.S. states and U.S. jurisdictions while the various lawsuits challenging the constitutionality of the EO continue.
Thus far, none of the lawsuits have reached the main issue in the legal challenges, which is whether the EO violates the Citizenship clause in the 14thAmendment. Regardless of the outcome of the Supreme Court decision on the appropriateness of nationwide injunctions, the underlying lawsuits challenging the constitutionality of the EO will continue.
Second Federal Judge Issues Injunction Against Birthright Citizenship Executive Order
February 6, 2025
A federal judge in Washington state today issued a nationwide preliminary injunction blocking implementation of the birthright citizenship Executive Order (EO) issued by President Trump on January 20. The court’s 14-day temporary restraining order issued on January 23 was set to expire today, and after hearing oral arguments, the court granted Plaintiffs’ request for a preliminary injunction. The government is expected to appeal the injunction. The case is State of Washington et. al. vs. Donald Trump et. al., Case No. 2:25-cv-00127-JCC (W.D. Wash.).
Today’s injunction follows the grant of another preliminary injunction against the birthright citizenship EO issued yesterday by a federal judge in Maryland. Both injunctions should remain in effect indefinitely until either the courts determine the underlying legality of the birthright citizenship EO, or unless and until a higher court overturns the injunction.
Several other lawsuits have been filed across the country to challenge the legality of the birthright citizenship EO and may yield separate injunctions or limiting court orders. While any nationwide preliminary injunction remains in place, the U.S. government is fully enjoined from enforcing or implementing the EO.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
