07/09/2025
When the U.S. Supreme Court stripped federal judges of the power to issue nationwide injunctions, it meant courts can now only protect the specific people who sue, not everyone else. So here we are - in a country where certain babies born on American soil might not be American citizens, depending on which state they happened to be born in. Remember, this whole mess stems from Trump’s interpretation of the 14th Amendment and attempt to overturn 125 years of established law which says “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.” On day one of his administration, Trump signed an executive order saying if you’re born in the U.S. and neither parent is at least a citizen or permanent resident, you’re not automatically a citizen. Twenty-two states immediately sued, saying this violates the Constitution. A federal judge agreed and blocked the order nationwide.
Trump didn’t appeal whether his citizenship ban is legal - he appealed whether a single federal judge can block his order everywhere in the country while the courts settle the issue. The Supreme Court sided with Trump on that narrow procedural question.
Here’s what this actually means: The Supreme Court didn’t end birthright citizenship. They didn’t even rule on whether Trump can legally do what he’s trying to do. What they said is that if you’re born in one of those 22 states that sued, you still get citizenship and all the benefits - birth certificate, Social Security number, Medicaid, food stamps, the works.
But if you’re born in any of the other 28 states that didn’t sue, starting July 27th, you won’t get those documents or benefits. You might not even be considered a U.S. citizen at all. Your citizenship now depends on which state you happen to be born in. Same Constitution, same parents, completely different outcomes based on geography. While Immigrant rights groups are trying to file class action lawsuits in other states to work around this insanity, if you’re an undocumented immigrant or here on a student visa and you have a baby after July 27th in one of those non-lawsuit states, you better hope there’s a class action suit that covers you and that you’re smart enough to know about it and join it. Otherwise, your American-born child might not be considered a U.S. citizen.
The 22 states that sued are New Jersey, California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, Wisconsin, Arizona, Illinois, Oregon, and Washington.
-Immigration Law and Advocacy
