ARTICLE
26 March 2025

SCOTUS To Consider Emergency Applications To Lift Nationwide Injunctions On EO Ending Birthright Citizenship?

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Jackson Lewis P.C.

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The Trump Administration urged the U.S. Supreme Court to limit nationwide injunctions blocking enforcement of the executive order (EO) to end birthright citizenship.
United States Immigration

The Trump Administration urged the U.S. Supreme Court to limit nationwide injunctions blocking enforcement of the executive order (EO) to end birthright citizenship.

Following his inauguration on Jan. 20, 2025, President Donald Trump signed an EO directing federal agencies to refuse recognition of U.S. citizenship for children born in the United States to mothers who are in the country without authorization or on nonimmigrant visas, if the father is not a U.S. citizen or green card holder.

Judges in Maryland, Massachusetts, and Washington state have issued nationwide injunctions barring the government from implementing the EO.

President Trump appealed to the Supreme Court to limit these nationwide injunctions, arguing that they disrupt the judicial process and overreach into executive branch operations. The administration's March 13 emergency applications asked that the court orders be limited to the specific individuals and organizations involved in the lawsuits. They contend that there is no justification for the injunctions to apply nationwide, particularly to the 18 states that support the EO.

The Supreme Court's decision could potentially lead to a ruling that restricts district courts from issuing nationwide injunctions. The administration also argues that the injunctions improperly interfere with the executive branch's ability to develop guidance for implementing the EO. If the justices do not agree to limit the injunctions to individuals and organizations, the administration has requested that they be restricted to the plaintiff states.

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