Birthright Citizenship & Supreme Court CASA v. Trump Ruling: Frequently Asked Questions

Jun 30, 2025 | Immigration Updates

Q: What did the Supreme Court decide in CASA v. Trump on June 27?
A: On June 27, the Supreme Court ruled that federal district courts generally do not have the authority to issue nationwide injunctions, orders that halt federal policies across the country. Instead, courts can only grant relief to the individuals or groups directly involved in the lawsuit.

Q: What is a nationwide injunction, and why is it important?
A: A nationwide injunction temporarily stops the federal government from enforcing a policy nationwide while a legal challenge is underway. In CASA v. Trump, district courts used these injunctions to block a Trump-era executive order that would have denied birthright citizenship to children born in the U.S. to undocumented parents or certain noncitizens.
With this decision, federal courts can no longer universally block federal actions. Relief must now be granted on a case-by-case basis.

Q: Did this ruling eliminate birthright citizenship?
A: No. The ruling did not change the constitutional guarantee of birthright citizenship. Under the 14th Amendment, anyone born in the U.S. is still recognized as a U.S. citizen. However, the decision could lead to uneven enforcement of this right in different parts of the country.

Q: How might this affect families with U.S.-born children?
A: The ruling could lead to different outcomes depending on where a child is born. For example, a child born to undocumented parents in one state might be granted a U.S. birth certificate, while a child in another state might not—based on how courts in each jurisdiction rule on the Executive Order issued in January 2025.

Q: What happens next?
A: The Executive Order cannot take effect until 30 days after the Supreme Court’s June 27th decision.

Q: Why is this ruling significant?
A: The decision limits the ability of courts to halt potentially unconstitutional federal actions on a national level. It also sets the stage for inconsistent application of important rights, like citizenship, across different regions of the country.

Q: Should families be concerned?
A: Families with U.S.-born children, particularly those involving undocumented or noncitizen parents, should consult with an immigration attorney to understand how this decision may impact them. The legal environment remains uncertain and could continue to evolve in the months ahead.

Related Posts:

Immigration Update

In this edition, find the latest news on the extension of certain Covid-19 flexibilities, the release of another round of frequently asked questions from the DOL’s Office of Foreign Labor Certification, the DHS’s designation of Ethiopia for Temporary Protected Status, and more. USCIS Extends Certain COVID-19-Related Flexibilities Through January 23, 2023 U.S. Citizenship and Immigration Services (USCIS) announced that it is extending certain COVID-19-related flexibilities through January 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and January 24, 2023: Requests for Evidence Continuations to Request Evidence (N-14) Notices of Intent to Deny, Revoke, Rescind, Terminate (regional centers), or Withdraw Temporary Protected Status Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if: The form was filed up to 90 calendar days […]

Rapid-Fire Wednesdays Q&A | Immigration Updates: CHNV Parole, TPS & F-1 Visa Revocations | 4/9/2025

The transcript version of our weekly Q&A livestream for corporate immigration professionals. Join our Immigration News Digest Newsletter for more immigration updates. By Kimberley (Best) Robidoux & Miki Kawashima Matrician 🔥 Question: What is the current status of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) Parole Programs? Response: USCIS recently announced that the CHNV Parole Programs will be revoked as of April 24, 2025. However, there’s uncertainty surrounding employment authorization for impacted individuals. Employment authorization might be terminated when parole ends or when individuals are notified directly of its termination. Some individuals have already received such notices via their myUSCIS accounts, stating that parole will end in 15 days unless contested. This change raises concerns for employers trying to determine which employees—especially those with C11 category work authorization—may be affected. Strategies for handling this situation should be customized and discussed with counsel. A lawsuit challenging the termination is underway, and more information is expected soon. 🔥 Question: What’s the update on Venezuela Temporary Protected Status (TPS)? Response: A court postponed the termination of Venezuela TPS, originally scheduled by DHS, as of April 2. This reverts TPS to the status outlined in the January 17, 2025 redesignation and extension. For TPS […]