Latest Ruling in Birthright Citizenship – Blocked Again - Shihab Burke, LLC, Immigration Attorneys At Law

Table of Contents

On July 10, 2025, a federal court issued a nationwide injunction in Barbara v. Trump, temporarily blocking the proposed limitations on birthright citizenship. Join us at 6 p.m. EST for a live presentation explaining what the ruling does, who might be affected, and what to expect next in the ongoing legal process.

How to reach us?
https://immigrationvisaattorney.com/contact-us or 614-791-0500
Want your immigration question answered in our next live stream?
Submit it now at ImmigrationQuestions.US, and you might be featured!

Introduction

Brian Burke, an immigration attorney from Sheiha Burke law firm, introduces the topic of birthright citizenship in the United States, emphasizing its importance and relevance.
He mentions that there is an important update regarding this topic, which he will discuss after providing some context about the recent history of birthright citizenship laws.

Historical Context of Birthright Citizenship

Brian describes the significant changes initiated by the Trump administration regarding birthright citizenship, which began with an executive order on January 20, 2017.
This order suggested that being born in the United States would no longer guarantee citizenship, particularly targeting children of non-citizens and those on non-immigrant visas.
The order was met with legal challenges, as many argued that it contradicted established citizenship laws that grant citizenship to anyone born within U.S. territory.

Legal Challenges and Court Decisions

Numerous lawsuits were filed against the government, claiming that the new interpretation of birthright citizenship was overreaching and unconstitutional.
Federal courts issued nationwide injunctions that prevented the Trump administration from enforcing the executive order, affirming the traditional understanding of birthright citizenship.
The Supreme Court later reviewed the case, focusing not on the legality of birthright citizenship itself but on whether lower courts had the authority to block the executive branch’s actions.

Supreme Court Ruling and Its Implications

The Supreme Court ruled that lower courts should not have the power to issue nationwide injunctions without a class action certification, which is necessary when a large group of people is affected by a common issue.
Following this ruling, the American Civil Liberties Union (ACLU) filed a class action lawsuit in New Hampshire to protect individuals who would be affected by the proposed changes to birthright citizenship.
The court granted the ACLU’s motion for class certification, allowing them to represent all individuals born after February 20, 2025, under specific circumstances regarding their parents’ immigration status.

Current Status of Birthright Citizenship Laws

A temporary court order is currently in place, preventing the enforcement of the executive order regarding birthright citizenship, particularly for children born to unlawfully present parents or those on temporary visas.
This order delays the implementation of the proposed changes to birthright citizenship, allowing for further legal examination and potential appeals.
The judge characterized the executive order as lawless and unconstitutional, indicating a strong belief that the plaintiffs are likely to win their case against the government.

Potential Future Developments

The Department of Justice is expected to appeal the recent court ruling, which may lead to further scrutiny from the Supreme Court regarding the interpretation of birthright citizenship.
Burke highlights the uncertainty surrounding the future of birthright citizenship, particularly for individuals expecting children born in the U.S. under the current legal framework.
Concerns are raised about the possibility of children becoming stateless if they do not receive citizenship from either the United States or their parents’ home country.

Implications for Families and Immigration Status

Burke discusses the potential implications for children born to parents who are not U.S. citizens or lawful permanent residents, including their immigration status and rights.
He raises questions about how the government would handle children born under the new rules, particularly regarding their citizenship and the risk of statelessness.
There are concerns about the administrative burden on families to prove citizenship or immigration status in the future, particularly if birthright citizenship is no longer guaranteed.

Conclusion and Future Q&A Sessions

Brian concludes by emphasizing the ongoing legal battles surrounding birthright citizenship and the importance of staying informed about potential changes in immigration law.
He invites viewers to submit their questions for upcoming Q&A sessions, indicating a commitment to addressing concerns regarding immigration and citizenship.
The next session is scheduled for Wednesday at 6 PM Eastern time, where Brian will continue to provide insights and answer audience questions.