On June 27, 2025, the Supreme Court issued a decision in the Birthright Citizenship Case, Trump v. CASA, Inc. The Court did not answer the Constitutional question as to whether President Trump's Executive Order No. 14160 limiting birthright citizenship is unlawful. Instead, it ruled that universal nationwide injunctions, or judicial rulings that bar executive officials from applying executive actions to anyone across the country, exceed the scope of a judge's power and can no longer continue. Writing for the majority of the Court, Justice Amy Coney Barrett concluded that Trump's Executive Order can stand and will come into effect in 30 days, which will be on July 26, 2025.
Under the Executive Order, children who are born to the following groups of people will not automatically acquire citizenship when:
(1) The child's mother is undocumented and the child's father is not a citizen or permanent resident when the child is born; and
(2) The child's mother has temporary visitor status, and the child's father is not a citizen or permanent resident when the child is born
Despite its ruling, the Court left open several paths for plaintiffs to ask lower courts to set Trump's Executive Order aside. For example, impacted plaintiffs can bring a class action lawsuit to challenge the Executive Order. This is an evolving situation that will likely be subject to further legal proceedings in the coming months.
Murray Osorio PLLC will continue to monitor this issue closely and fight for the rights of immigrant families. No matter the policy shifts, we remain committed to providing informed, strategic, and compassionate support—every step of the way.
Contact us today to learn how we can help you and your family navigate these changes.