What's next for birthright citizenship after Supreme Court limits nationwide injunctions

The administration can start planning how it will end birthright citizenship.

ByDevin Dwyer

June 28, 2025, 6:54 AM

    

On Friday, the Supreme Court delivered a much-anticipated decision regarding President Donald Trump's Day 1 executive order aimed at effectively terminating birthright citizenship.

However, numerous questions linger about the practical execution of such an order.

While the conservative majority of the court restricted the ability of federal judges to issue nationwide injunctions against the order, it did not address the constitutionality of the order itself.

Nonetheless, this ruling could significantly alter a legal right to citizenship that has been firmly established by the 14th Amendment -- at least in the near future.

With immediate effect, the administration can start strategizing on how to implement the cessation of birthright citizenship.

Supreme Court Police officers stand outside the Supreme Court in Washington, June 27, 2025.

Mandel Ngan/AFP via Getty Images

Trump's directive includes a 30-day grace period before it takes effect, which means that currently, there is no alteration to birthright citizenship, and children born anywhere in the nation remain U.S. citizens.

Regulations must be formulated, and the details of such an order still require clarification: for instance, will every expectant mother in America now be required to present a passport or birth certificate when going to the hospital?

On Friday, the White House did not provide clear answers when asked for specifics.

Federal district courts in Maryland, Massachusetts, and New Hampshire will soon need to reassess the nationwide injunctions issued there, considering the court's ruling, and adjust them to apply solely to the plaintiffs involved in these cases.

The plaintiffs included 22 states, immigrant advocacy organizations, and several pregnant noncitizen women.

Opponents of Trump's executive order will persist in challenging it based on its merits. Although no court has yet directly evaluated the constitutionality of the executive order, three lower courts have indicated that it seems to clearly contravene the 14th Amendment, and there are three established Supreme Court rulings that unequivocally support birthright citizenship.

However, for the 28 states that have not initiated lawsuits, Trump's efforts to abolish birthright citizenship could potentially take effect within 30 days.

Challengers are also prepared to contest the extensive implementation of the order in various other ways as it progresses.

On Friday, a group initiated a class action lawsuit aimed at securing broad protections for all noncitizen pregnant women, including those who are not part of the lawsuit.

In a concurring opinion, Justice Brett Kavanaugh suggested that plaintiffs might have the opportunity to contest the administration's citizenship regulations, once they are established, under the Administrative Procedures Act.

Attorney General Pam Bondi, however, faced challenges on Friday when asked about the specific plans for implementing Trump's order.

When questioned about who would be responsible for verifying citizenship (for instance, whether it would be nurses or doctors during childbirth), Bondi simply replied: "This is all pending litigation."

Another reporter inquired of Bondi, "If you have an undocumented baby, would that baby then be an enforcement priority?"

Bondi deflected, stating, "The violent criminals in our country are the priority."

What's next for nationwide injunctions?

.In a broader context, the administration is expected to attempt to reverse nationwide injunctions that are hindering Trump policies in various other cases.

The hearings and rulings will unfold over the next few weeks.

"These injunctions have obstructed our policies ranging from tariffs to military readiness, immigration, foreign affairs, fraud, abuse, and many other matters," Bondi stated on Friday. "Judges have attempted to usurp the power of the executive branch, and that is unacceptable. No more."

President Trump echoed similar sentiments as he praised the ruling.

"Thanks to this decision, we can now swiftly move forward with these numerous policies that have been unjustly blocked on a nationwide scale, including issues like birthright citizenship, the cessation of sanctuary city funding, halting refugee resettlement, freezing unnecessary expenditures, preventing federal funds from covering transgender surgeries, and many other priorities for the American people," the president remarked.