Nationwide injunction against Trump's 'Birthright Citizenship' executive order remains, no expedited hearing sought

The White House has formally requested that the US Supreme Court review the legality of President Trump’s Executive Order (EO) issued on January 20, 2025, aimed at restricting birthright citizenship. However, the government is not seeking an expedited hearing – immigration attorneys predict that the ruling on the matter may be issued only in early-mid 2026. Till then, the nationwide injunction currently blocking the EO’s implementation will prevail.

Under the EO order, children born in US after February 19, 2025, would no longer automatically receive citizenship if their mother is temporarily or unlawfully present in the country and the child’s father is neither a US citizen or a lawful permanent resident (green card holder).

Several district courts have issued nationwide injunctions blocking the EO, preventing any changes to birthright citizenship policy from taking effect. Immigration attorneys point out that these injunctions remain in place even after the US Supreme Court on June 27, curtailed the authority of district courts to issue broad nationwide injunctions.

Until the Supreme Court delivers a final ruling, the EO cannot be implemented, offering a temporary reprieve to immigrant communities, including the Indian diaspora. Despite this, US Citizenship and Immigration Services (USCIS) has issued preliminary guidance on how the EO would be applied if the injunctions are lifted.

Also read: USCIS draws up an implementation plan to narrow birthright citizenship

For now, immigrant families can breathe a sigh of relief.