SCOTUS Inaction on Birthright Citizenship Strengthens Executive Overreach, Erodes Constitutional Safeguards, and Paves the Way for Chaos and Harm

Washington, DC – The U.S. Supreme Court ruled today to severely limit the ability of district court judges to grant universal injunctions as part of ongoing litigation about birthright citizenship in Trump v. CASA, Trump v. Washington, and Trump v. New Jersey. Leaders from the American Immigration Lawyers Association (AILA) responded:

AILA President Jeff Joseph stated, “In a 6-3 decision, the Supreme Court has limited the ability for district judges to grant universal relief in cases where the government is facially violating the Constitution in ways that have implications for the entire country. Now, Plaintiffs will have to go through the burdensome process of establishing a nationwide class of similarly situated individuals and then seek a nationwide injunction. Or cases will have to be filed on an individual and piecemeal basis resulting in chaos in the courts. By requiring piecemeal suits and protection in this manner, the Court is setting American families up for failure. For example, if a young scientist, here on an H-1B visa, who is working and contributing to our economy, gives birth, she would need to join a class action suit or sue individually to try to fight for her child’s Constitutionally guaranteed right. This is impractical and will result in clogging up the courts on an issue that facially violates the Constitution and should not even be under question. The Constitution is clear—birthright citizenship is guaranteed under the 14th Amendment. Once again, the rule of law is the loser today with this decision.”

AILA Executive Director Ben Johnson added, “Rather than try to defend an obviously unconstitutional executive order directly, the Trump administration manipulated the legal process to avoid swift judicial review—delaying justice for those affected and setting the stage for confusion and chaos. And today, the Supreme Court played along. Instead of stepping in to declare this order unconstitutional, the Court has greenlit a prolonged and punishing legal battle across the country. We are now facing the prospect of hundreds of individual lawsuits and likely multiple class actions to protect a right that is plainly guaranteed by the Constitution. It’s a shameful dereliction of duty. By refusing to allow federal judges to block an executive action that clearly violates the Constitution, the Court is forcing millions of individuals affected by this Executive Order to bear the full burden of seeking justice on their own. This not only imposes an enormous cost—financially and emotionally—on those families, but it also squanders government resources litigating the same issue over and over again. Birthright citizenship is not ambiguous, nor is it a vague legal question; it is a cornerstone of American democracy enshrined in the Constitution. This decision fails us all, fails the courts, and fails our Constitution.”