Supreme Court’s Birthright Citizenship Ruling Ignites Fresh Wave of Legal Challenges
Almost immediately after the Supreme Court issued its ruling limiting the ability of judges to block President Donald Trump’s initiative to end birthright citizenship, legal challengers regrouped and filed new claims using different legal avenues. The court’s decision, delivered on a Friday, stated that judges could not impose broad “universal injunctions” effective nationwide; however, it left the door open for plaintiffs to pursue extensive relief through class action lawsuits.
One notable response came from the American Civil Liberties Union (ACLU), which filed a class action lawsuit in New Hampshire on behalf of immigrants whose children could be denied U.S. citizenship at birth if Trump’s directive is implemented. In Maryland, others involved in a case that had previously secured a nationwide injunction quickly amended their complaint to seek similar broad relief for all individuals impacted by Trump’s plan.
ACLU attorney Cody Wofsy stated, “Every court to have looked at this cruel order agrees that it is unconstitutional. The Supreme Court’s decision did not remotely suggest otherwise.”
According to the proposed policy, birthright citizenship would only be granted to children whose parents are U.S. citizens or permanent residents, contradicting the widely accepted interpretation of the 14th Amendment, which bestows citizenship to anyone born in the U.S. with few exceptions. William Powell, a lawyer involved in the Maryland case, explained that their amended complaint aims to certify a nationwide class including both already-born children and those yet to be born, along with their parents.
Justice Brett Kavanaugh, in a concurring opinion, appeared to support class action lawsuits, indicating that plaintiffs could seek to proceed against the executive order with the potential for widespread relief. Although the Supreme Court curtailed the scope of the injunctions in Maryland and two other cases, Barrett’s opinion suggested that states could still pursue broad relief in individual cases.
New Jersey’s Attorney General’s office communicated its intention to seek nationwide relief, signaling ongoing legal efforts. Critics of nationwide injunctions believe that both states and individuals have paths to obtain broad injunctions against Trump’s executive order on birthright citizenship.
While it remains uncertain how the Justice Department will approach the newly filed claims, Trump has signaled plans to leverage the Supreme Court ruling to advance other contested policies. At a recent news conference, he mentioned intentions to revisit measures blocked by courts, including those aimed at “sanctuary” jurisdictions and healthcare directives concerning transgender youth.