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Ending Birthright Citizenship Lawsuit News: Blocked Nationwide by Federal Judge

President Trump signed an Executive Order(EO) on January 20th, 2025, to end birthright citizenship for illegal immigrants and non-immigrants. It was later challenged in courts by many lawsuits and was then put on hold/ blocked due to a nationwide injunction issued by the district courts.

Later, the US Supreme Court stepped in and gave a judgment saying district courts had overstepped and cannot issue nationwide injunctions. However, a federal judge subsequently gave another nationwide injunction. The news continues to unfold in the courts with more updates.

In this article, we will review the specifics of each of the news updates around the EO and lawsuits, and what they mean for everyone. We will continue to update this page as we have new updates on this lawsuit. Also, we have FAQs at the end that address common questions

Background: Ending Birthright Citizenship EO, Lawsuits

Back in January 2025, President Trump signed an Executive Order(EO) 14160 titled “PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP” that ends birthright citizenship for kids born in the US to parents who are not US Citizens or Lawful Permanent Residents, aka Green Card holders.

As per the EO’s language, it impacts all illegal immigrants and non-immigrants living in the US on a visa or traveling to the US on a Visa as listed below:

  • Temporary Work Visa holders: H1B Visa, H4 Visa, L1 Visa, L2 Visa, H2 Visa, E Visas, Others.
  • Students, Exchange Visitors, Dependents: F1 Visa, F2 Visa, J Visa, M Visa, Others.
  • Visitors: B1 Visa, B1/B2 Visa, etc.
  • Illegal Immigrants: All illegal/undocumented immigrants without legal status or paperwork.
  • All other non-immigrant visas. Check the complete list of temporary non-immigrant visas.

You can read the full background and case details at End Birthright Citizenship Trump EO: H1B, F1, L1, Others Impact

Lawsuits, Nationwide Injunctions :

  • More than 22 Democratic States sued to block President Trump’s EO on ending birthright citizenship. Also, about nine to ten separate lawsuits were filed across courts in various states.
  • The federal district courts in Washington, Maryland, and Massachusetts issued universal injunctions that apply nationwide, blocking Trump’s EO 14160.
  • President Trump’s legal team challenged the nationwide injunctions and went to the US Supreme Court.
  • The US Supreme Court gave a decision on June 28th, 2025, saying that District court judges cannot issue nationwide injunctions
  • Subsequently, on Thursday, July 10th, 2025 a federal judge gave a nationwide injunction

Latest News Updates on the Ending Birth Citizenship Executive Order

Below are the latest news updates on the EO and related lawsuits, including high-level timeline of events

High-Level Timeline of Events in Ending Birthright Citizenship Executive Order

Below is a high-level timeline of significant events related to the executive order on ending birthright citizenship and what we may expect in the future.

Ending Birthright Citizenship Executive Order - Lawsuits - Timeline of Events - Updates -Whats Next
Ending Birthright Citizenship Executive Order – Lawsuits – Timeline of Events – Updates -Whats Next

Federal Judge in New Hampshire Blocks Trump EO Nationwide

  • Today, Thursday July 10th, 2025, Federal Judge, Joseph LaPlante, in New Hampshire(NH) issued a nationwide inujunction that blocks the Trump’s Executive Order on “Ending Birthright Citizenship” from going into effect.
  • The Federal Court in NH certified a nationwide class(means all of them) that includes all US Born Childern for non-US Citizens. This is the most important thing that was required to go to federal courts and be blocked nationwide that does not conflict with Supreme Court’s recent judgement. Check the screenshot of the order by court certifying the Class below.
  • The Class Action Lawsuit, “Barbara v. Donald J. Trump was filed by American Civil Liberties Union (ACLU) and other groups on June 27th, asking for class certification( to include all of them across the nation). It was filed by a pregnant woman, two parents of recently born children, and two infant US Citizens. They represent the interests of all similar children born across the U.S. ( basically the Class)
  • There is a 7 days time period given by the Judge for the Government to file an appeal regarding the nationwide injunction.

As next steps, we may see some action in August and September by the Government and ultimately, it will go back to the Supreme Court for the final decision. This is going to take a while…

Below is the screenshot of the actual Provisional Class Certification given by the Court.

Provisional Class Certification Birth Right Citizenship

US Supreme Court Decision on EO 14160 Nationwide Injunctions

Below are the key takeaways from the US Supreme Court ruling on Lawsuits related to Trump’s executive Order ending birthright citizenship:

  • The US Supreme Court gave a decision with a 6 – 3 ruling (meaning 6 supported the final decision and 3 were against the final decision, majority of 6 wins), stating that the universal injunctions that apply nationwide issued by the district courts are not fully valid as the courts exceeded their authority.
  • As per the Supreme Court ruling, the injunction given by the district courts should only apply to the people/parties who were part of the lawsuit and cannot be applied to everyone nationwide in a blanket approach.
  • The US Supreme Court did not really decide on the executive order’s merits of ending birthright citizenship; it only decided the procedural issue, saying that district courts cannot give nationwide injunctions and can only give injunctions that provide relief to the people or parties who are part of the case.
  • The Supreme Court ruling is about a 119-page document that talks about the old historical context of cases, and says that no history of universal injunctions can be applied nationwide.
  • The Supreme Court gave 30 days for the courts to implement the same, so that all the affected parties can prepare accordingly. Technically, the nationwide injunction will be removed on July 27th, 2025, unless something happens in the meantime.

Below is the screenshot of the main decision from the Official US Supreme Court ruling of 119 Pages

US Supreme Court Decision on the lawsuit of Ending Birthright Citizenship Trump Executive Order
US Supreme Court Decision on the lawsuit of Ending Birthright Citizenship Trump Executive Order

What does the Supreme Court Ruling Mean?

The US Supreme Court ruling in this case means the following for the impacted parties:

  • The merits of the case have not been decided yet. It will be decided by the US Supreme Court later. It is merely a procedural thing that they said that district courts cannot issue nationwide universal injunctions.
  • All the kids born to non-US Citizens in the US, including US visa holders on H1B, H4, L1, L2, F1, F2, and other visas until July 27th, 2025, will get US Citizenship as it happens now.
  • Unless something happens before July 27th, 2025, kids born to non-US Citizens who are not part of these lawsuits, like those not in certain states or not represented in the case directly, will not get US Citizenship.

What can we expect to happen in the next 30 days?

Below is what we can expect to happen in the next 30 days before the EO comes into effect for certain parties:

  • The people impacted by Trump’s Executive Order can submit a new Class Action Lawsuit and challenge the same. A Class Action lawsuit will have the option to include everyone in the nation, if it meets a few conditions, as listed below:
    • Numerosity: The group ( called Class) is large and over 40 people
    • Commonality: They all have the same legal issue across the group/ class
    • Typicality: The claims of the lead person/plaintiff bringing the lawsuit are similar for the rest of the group/class.
    • Adequacy: The lead person/plaintiff and attorneys have no conflict of interest and adequately protect the entire group/ class
    • Also, one of the conditions, like unfair outcomes, if done individually or as a group issue, outweighs the individual issues.
    • Importantly, the Courts has to certify that the case is eligible for a Class Action lawsuit by reviewing all the above conditions.
  • The current lawsuits can be converted to class-action lawsuits. These have to be certified by the court to meet all the conditions. In fact, we have a request already in the Maryland Court asking the court to convert it into a Class Action Lawsuit. See the screenshot below from the actual Court Filing Document
Motion in Maryland Court to Convert to Class Action Lawsuit
Motion in Maryland Court to Convert to Class Action Lawsuit

Common FAQs

Is the Supreme Court Decision on Ending Birthright Citizenship based on Merits of Case?

No, it is purely based on the procedural saying that district court cannot give nationwide injunctions and can only give injunctions for people/parties who are part of the lawsuit.

Does this impact kids of visa holders on H1B, L1, F1, H4, F2, etc. ? What is the impact?

Yes, it impacts all the kids of visa holders on H1B, H4, F1, and other non-immigrant visa types. As the federal judge blocked it nationwide on July 10th, there is no immediate impact. We need to wait and see what Govt. comes up with and ultimately Supreme court will decide this.

When will the Govt file Appeal for the Nationwide Injuction given on July 10th?

They are given 7 days for the same. We may see them appeal anytime in the next 7 days.

What do you think of the Supreme Court decision? What do you think of the new Injunction nationwide from July 10th? Share your thoughts in the Comments section below.

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Satheesh Kumar Ilu
Satheesh Kumar Ilu, commonly known as Kumar, is the founder of RedBus2US.com. He is an Immigration and Study Abroad expert. He holds an MS from the University of Houston–Clear Lake and an MBA from the University of Wisconsin–Milwaukee. He studied, lived, and worked in the U.S. and Singapore for nearly two decades, and has traveled to over 25 countries.

   

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