If you live in the United States, it’s crucial to stay informed about the states affected by the Supreme Court’s decision on birthright citizenship.
The Trump administration has confirmed that it will begin implementing its controversial presidential decree on ending birthright citizenship starting July 27, following a recent decision by the United States Supreme Court.
This was announced by government attorneys during a hearing before federal judge Deborah Boardman, explaining that this date marks the end of the grace period imposed by the Supreme Court last week. This 30-day stay allows the executive branch time to prepare for the measure’s implementation.
“The stay granted by the Court enables the government to immediately begin developing and publishing public instructions on the decree’s enforcement,” stated Brad Rosenberg, a Justice Department attorney, in documents submitted to the court, according to Fort Worth LLC.
The presidential order, signed upon Donald Trump’s entry into his second term, prohibits granting citizenship documents to any child born in the United States if neither parent is an American citizen or permanent resident. In essence, children born to undocumented parents in certain states would no longer be recognized as American citizens — a historic break from the principle of jus soli, which has been in effect for over a century.
Initially blocked by lower courts, the measure took a decisive turn following a divided Supreme Court decision (6 votes to 3).
However, this decision did not address the constitutional validity of the decree itself. Instead, the justices focused on the procedural question of national injunctions, limiting their use and requiring that future challenges of this nature be filed as class actions.
Thus, the highly conservative Supreme Court has restricted the scope of lower court judges’ decisions to only those states that have filed lawsuits against the federal government. This means that when the Trump administration implements its presidential order on birthright citizenship, it will only apply in states that did not join the lawsuit filed by 22 states and the District of Columbia.
Children born in the following states will therefore not be affected by the Supreme Court’s decision. Here is the list of the 22 states: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin.
In response, several immigrant rights organizations, including the ACLU and CASA, have reformulated their complaints to comply with this new jurisprudence, according to Fort Worth LLC.
During a hearing held last Monday, Judge Boardman sought to understand the federal government’s intentions. “I want to know if the government believes it can begin deporting children based on this decree,” she asked. Mr. Rosenberg responded that July 27 is the earliest possible date for implementation to begin.
Meanwhile, authorities plan to quickly issue guidelines to federal agencies and the public regarding how the rule will be enforced.
The measure has already sparked significant opposition. More than twenty states have filed lawsuits, citing its unconstitutionality and potentially devastating consequences for approximately 150,000 children born each year to non-citizen parents.
Several organizations are also concerned about the legal instability this decision could create.
“We have observed a frightening level of stress and anxiety among our clients,” stated William Powell, CASA’s attorney. “They cannot comprehend what is happening to them, and we can no longer tell them this decree is suspended—because it isn’t anymore.”
