Birthright citizenship, whose recipients are known as “anchor babies,” is a legal fiction that has already done immeasurable harm to the United States. Trump signed an executive order calling for an end to this on the first day of his second term.
Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” denies birthright citizenship to children born in the U.S. to parents who are illegal aliens or are on temporary visas, asserting that such individuals are not “subject to the jurisdiction” of the United States under the 14th Amendment. It directs federal agencies to cease issuing citizenship documents, such as passports and Social Security cards, to children born after February 18, 2025, who are affected by this policy.
Activist judges in New Hampshire, Washington, and Maryland issued injunctions blocking the nationwide implementation of this executive order.
Today, June 27, 2025, the U.S. Supreme Court issued a ruling in Trump v. CASA, Inc. concerning Executive Order 14160. CASA refers to the far-left, open-borders activist group CASA de Maryland. The plaintiffs also include the far-left open borders Asylum Seeker Advocacy Project [ASAP] and five pregnant women.
In a 6-3 decision, SCOTUS limited the scope of federal courts’ authority to issue nationwide (universal) injunctions, ruling that such injunctions, which block a policy’s enforcement across the entire country, exceed judicial power under Article III of the Constitution. SCOTUS held that injunctive relief must be confined to the specific plaintiffs in a case, not extended to non-parties or the nation as a whole.
The U.S. Supreme Court Court did not rule on the constitutionality of the executive order. The Court ordered lower courts in New Hampshire, Washington, and Maryland to reconsider the scope of their injunctions that had blocked the enforcement of EO 14160.
However, the ruling potentially will have significant implications for many other efforts by judges to block policies of the Trump administration.
The ruling is a victory in the fight to end birthright citizenship; however, the fight is not over. It is still subject to further legal review.
Ultimately, SCOTUS will likely have to issue a ruling on the constitutionality of birthright citizenship. Activist judges in the lower courts will continue to try to block it from being banned.
