Recent Court Rulings in the Birthright Citizenship Dispute

By: Ark-La-Tex Staff Writer
Published July 13, 2025

A major legal conflict continues over President Trump’s January executive order (EO 14160), which aims to restrict automatic U.S. citizenship at birth for children born to parents who are not citizens or lawful permanent residents.

On June 27, 2025, the Supreme Court ruled 6 to 3 that lower courts cannot issue nationwide injunctions blocking executive orders. Such sweeping bans must be limited to the specific parties in a lawsuit. However, the Court also acknowledged that class-action lawsuits can still be used to grant broader protections.

Following this decision, rights organizations and state governments pivoted quickly, filing new national class-action lawsuits. Among these was Barbara v. Trump, brought in New Hampshire by the ACLU and partners.

On July 10, Judge Joseph Laplante in New Hampshire certified a nationwide class of children born on or after February 20, 2025, who could be impacted by the order, and issued a preliminary injunction blocking its implementation.

He determined that denying citizenship would cause “irreparable harm” and that citizenship is “the greatest privilege”. The injunction is currently paused for seven days to allow the Justice Department time to appeal.

Separately, similar nationwide preliminary injunctions had already been issued in Washington, Maryland, Massachusetts, and other jurisdictions earlier this year. These initial rulings were later limited in scope following the Supreme Court directive.

What This Means Going Forward

Patchwork enforcement: In states where injunctions remain in place, enforcement of EO 14160 is currently blocked. In other states without such rulings, the order could go into effect as soon as July 27, unless further legal action is taken.

Further appeals likely: The Justice Department is expected to challenge Judge Laplante’s class-action ruling in the appellate courts, potentially bringing the case back to the Supreme Court.

Class-action litigation expanding: Advocates see class actions as the clearest path to maintaining nationwide protections going forward.

Constitutional questions remain: Though procedural mechanisms are being debated, the core constitutional issue, whether the 14th Amendment guarantees citizenship to all born on U.S. soil, has not yet been decided by the Supreme Court.

Why It Matters

Birthright citizenship has been a cornerstone of U.S. law for over a century, supported by the landmark Wong Kim Ark(1898) decision. Opponents argue for a new interpretation of the “subject to the jurisdiction thereof” clause, while defenders warn that revoking citizenship could create a class of stateless individuals and legal chaos.

Looking Ahead

This issue remains legally and politically charged. As the appeals process unfolds, future rulings will determine whether EO 14160 can be implemented anywhere in the country. In the meantime, class-action certifications remain a primary tool for challengers seeking to preserve birthright citizenship for all U.S.-born children.