Supreme Court Ruling Allows Trump Administration to Undermine Birthright Citizenship and Constitution
June 27, 2025
Washington, DC – Today, in Trump v. CASA, the Supreme Court granted the Trump Administration’s applications to partially stay three lower court rulings in cases challenging the birthright citizenship executive order. Those rulings had prevented the Administration from implementing its executive order ending birthright citizenship for children born in the U.S. to undocumented or temporary visa-holding parents.
Judith Browne Dianis, executive director of racial justice and legal organization Advancement Project, shared the following statement:
“Today’s Supreme Court ruling opens the door for one of the most dangerous and blatantly unconstitutional attacks on immigrant communities and the rule of law in modern history. Through its restrictions on universal injunctions, the Court is placing limits on who could be protected from this executive order, which means to strip U.S.-born children of non-citizen parents of their birthright citizenship in a direct assault on the 14th Amendment.
Without a nationwide injunction, a child born in a state challenging President Trump’s executive order may remain a citizen while a child born in another state may not. As Justice Ketanji Brown Jackson points out, today’s ruling is an existential threat to the rule of law because it allows the Trump Administration to apply the executive order to many newborns who are guaranteed citizenship under the 14th Amendment but have not yet filed a lawsuit in federal court.
This is a crisis of the highest order. Birthright citizenship has been established by the Constitution for over 150 years and guarantees that every child born on U.S. soil is a citizen. To challenge it erases a core American promise and serves as a calculated step toward authoritarianism. No one is above the Constitution.
This reckless and racially motivated executive action is a transparent attempt to silence and disempower communities of color, particularly Latine, AAPI, African, and Caribbean immigrant families. And it comes alongside a barrage of executive orders that attempt to dismantle racial equity, voting rights, and immigration protections, each designed to chip away at our collective power.
We will not stand by while the Administration tries to rewrite the Constitution or dictate who belongs in this country. This moment calls for unwavering solidarity and a commitment that our communities are worth fighting for.”
