A new judicial block against the birthright citizenship order complies with the parameters set with the recent Supreme Court decision. A federal judge issued a certification to a nationwide class that covers all children affected by enforcement of the birthright citizenship order. This marks the first time a federal judge has blocked the order since the Supreme court’s decision.
The U.S. Supreme Court (SCOTUS) decision on June 27, 2025, prevented lower courts from issuing nationwide blocks on policy enforcement. Lower courts can still block the enforcement of policy for parties listed on the specific lawsuit, but not beyond that scope. Lower court judges can still expand the party the block applies to.
This is the basis of the current federal judge ruling. The judge certified the class of individuals affected by the policy to include all children born in the U.S. in their ruling. That is the only way to legally issue a nationwide block against any kind of policy. It’s unclear if the government will appeal against the block or find some other way to counter it.
The government’s efforts to limit birth right citizenship date back to an executive order signed on January 20, 2025. Three different courts issued nationwide blocks against its enforcement. The Supreme court later ruled that issuing such blocks was unlawful by lower courts. Lower courts can no longer block the enforcement of policy on a national scale.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.