What’s going on with birthright citizenship? 5 key things immigrants should know after the Supreme Court’s ruling

Editorial Note: The Associated Press contributed to this report.

A divided Supreme Court has ruled today that individual judges lack the authority to grant nationwide injunctions, but the decision leaves unclear the fate of President Donald Trump’s restrictions on birthright citizenship. His executive order seeks to deny citizenship to U.S.-born children of people who are in the country illegally or temporarily.

Although the Trump administration declared victory, a conservative majority left open the possibility that the birthright citizenship changes could remain blocked nationwide, causing some confusion on whether birthright citizenship is still in place federally. 

Cases challenging the order now return to lower courts, where judges will have to decide how to tailor their orders to comply with the high court ruling, which was written by Justice Amy Coney Barrett. Enforcement of the policy can’t take place for another 30 days, Barrett wrote.

Here’s what you need to know.

Birthright citizenship is still in place — for now

Despite the headlines and Trump’s celebration of the Supreme Court decision, the ruling did not cancel or overturn birthright citizenship. If you’re born in the U.S., you’re still a citizen under the 14th Amendment.

The court changed how judges can block federal policies

The Supreme Court ruled that federal judges can no longer issue nationwide injunctions. That means if one group sues over a policy (like Trump’s birthright order), the court can only block the policy for those involved in the case — not the entire country.

Trump’s order is still blocked — at least for now

Trump’s executive order, which would deny citizenship to U.S.-born children of undocumented immigrants, remains on hold for 30 more days. After that, lower courts will have to decide how to apply the new rules.

The fight over birthright citizenship isn’t over

Legal groups and 22 states are now asking judges to protect everyone affected by the order by creating a “nationwide class,” a workaround suggested by the justices. That could keep the policy blocked across the U.S.

Why it matters for Haitian and other immigrant communities

If Trump’s policy takes effect, children born to undocumented Haitian parents in the U.S. could lose their constitutional right to citizenship, guaranteed by the 14th Amendment for over 125 years. Advocates warn this could create a “patchwork” of legal status and deepen family instability.

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