U.S. Supreme Court Restricts Judicial Authority on Birthright Citizenship Policy

Fri 27th Jun, 2025

In a significant ruling, the U.S. Supreme Court has curtailed the capacity of federal judges to issue broad legal remedies, particularly in relation to President Donald Trump's directive concerning birthright citizenship. The Court's decision, rendered by a 6-3 majority, directs lower courts to reassess the extent of their injunctions that previously blocked the enforcement of Trump's policy.

The ruling, articulated by Justice Amy Coney Barrett, does not allow the immediate implementation of the President's executive order nor does it evaluate its constitutionality. Instead, it focuses on the limits of judicial authority in issuing universal injunctions. The Court's conservative majority supported the administration's request to limit the scope of three nationwide injunctions from federal judges in Maryland, Massachusetts, and Washington state.

Justice Barrett emphasized that while the Executive has a legal obligation to adhere to the law, the Judiciary does not possess unrestricted power to enforce this duty. In dissent, Justice Sonia Sotomayor, along with the other liberal justices, criticized the majority for overlooking the constitutional implications of Trump's order, arguing that it is evidently unlawful.

Trump expressed his approval of the ruling through a social media post, celebrating it as a substantial victory for his administration. Upon taking office, he had issued an executive order mandating that federal agencies deny citizenship to children born in the U.S. unless at least one of their parents is a U.S. citizen or a lawful permanent resident. This policy could potentially affect over 150,000 newborns annually, as claimed by the plaintiffs challenging it, which include the Democratic attorneys general from 22 states and various immigrant rights organizations.

The case presented to the Supreme Court was distinctive as it allowed the Trump administration to argue against the authority of federal judges to issue nationwide injunctions, seeking a ruling that could enable enforcement of the President's directive without considering its legal validity.

In her dissent, Justice Sotomayor asserted that the executive order is patently unconstitutional, and she criticized the Justice Department for attempting to restrict judicial oversight of executive actions regardless of their legality. She accused the Court of complicity in this strategy.

The legal challenge to Trump's policy is rooted in the 14th Amendment, which guarantees citizenship to anyone born on U.S. soil. The amendment was ratified following the Civil War to ensure that all individuals born or naturalized in the United States are recognized as citizens. The administration contends that the 14th Amendment does not extend citizenship to children born to undocumented immigrants or those in temporary legal statuses.

Public opinion on the issue is divided. A recent Reuters/Ipsos poll indicated that 24% of respondents favored the elimination of birthright citizenship, while 52% opposed such a change. Among Democrats, only 5% supported ending birthright citizenship, contrasted with 43% of Republicans who favored the idea.

The Supreme Court, now with a conservative majority, has previously ruled in favor of Trump on various immigration-related matters since his return to office in January. Recently, the Court permitted the administration to deport migrants to third countries without allowing them to present their cases for asylum and upheld the cessation of temporary legal protections for certain groups of migrants.

The birthright citizenship dispute has its roots in a longstanding interpretation of a U.S. Supreme Court decision from 1898, which has been understood to grant citizenship to children born in the U.S. to non-citizen parents. The Trump administration, however, argues that this ruling applies only to children whose parents have established a permanent residence in the United States.

Universal injunctions have faced opposition from presidents across the political spectrum, as they can obstruct government policies on a broader scale than just the individual plaintiffs involved in a case. Proponents claim these injunctions serve as a vital check against executive overreach.


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