Home USA Immigration USA Supreme Court Allows Temporary Halt to Birthright Citizenship Policy: Major Legal Battles Loom

USA Supreme Court Allows Temporary Halt to Birthright Citizenship Policy: Major Legal Battles Loom

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Washington, D.C. — June 29, 2025

In a landmark development, the U.S. Supreme Court has cleared the way for the Trump administration to move forward with its controversial plan to halt automatic birthright citizenship — at least temporarily. The decision marks a significant, albeit uncertain, moment in the ongoing debate over the interpretation of the 14th Amendment and immigration policy.

On Friday, the Court ruled to allow former President Donald Trump’s executive order, aimed at ending automatic citizenship for individuals born on American soil to non-citizen parents, to take effect in 30 days. However, the Court left substantial room for legal challenges in lower courts, signaling that the fight over this issue is far from over.

States Positioned to Resist

Under U.S. law, states manage the issuance of birth certificates, but many do not document the citizenship status of a child’s parents — a factor that could complicate enforcement of the executive order. Several Democratic-led states have already signaled their opposition to implementing any measures aligned with the policy.

Justice Amy Coney Barrett, writing for the majority, acknowledged the complexity of the issue and the potential burden on states. She emphasized that lower courts retain the authority to assess whether broader injunctions are needed to mitigate potential harms.

“As the States see it, their harms — financial injuries and the administrative burdens flowing from citizen-dependent benefits programs — cannot be remedied without a blanket ban on the enforcement of the Executive Order,” Barrett wrote. “The lower courts should determine whether a narrower injunction is appropriate, so we leave it to them to consider these and any related arguments.”

Political Reactions

Former President Trump hailed the decision as a “giant win,” reaffirming his long-standing opposition to what he calls the “birthright citizenship hoax.”

“This decision is a major victory in our fight to end the scamming of our immigration process,” Trump declared during a press briefing on Friday. “We are finally putting America first and closing loopholes that have been abused for far too long.”

Trump’s Attorney General, Pam Bondi, confirmed that the Supreme Court is expected to revisit the constitutional question in full during its next session, set for October.

A Constitutional Flashpoint

The issue of birthright citizenship, rooted in the 14th Amendment, has remained largely settled for over a century, guaranteeing citizenship to “all persons born or naturalized in the United States.” Critics argue that the amendment was never intended to apply to the children of undocumented immigrants or foreign nationals.

Legal scholars predict a fierce constitutional battle ahead, with potential nationwide implications for immigration, civil rights, and state-federal relations.

For now, the administration has a narrow window to implement its controversial policy, but the ultimate fate of birthright citizenship in the U.S. rests with the courts — and possibly, future legislative action.

Written by: LIIE IMMIGRATION

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