Overview

• President Trump’s executive order to end automatic birthright citizenship for children of noncitizen parents remains blocked by multiple nationwide injunctions.
• The Supreme Court will hear arguments on May 15 to address whether lower courts can issue nationwide injunctions, without ruling yet on the order’s constitutionality.
• The Justice Department argues that nationwide injunctions undermine executive authority, while challengers assert they are necessary to ensure uniform application of federal policy.
• Legal debate over the 14th Amendment’s Citizenship Clause continues, with scholars and judges divided on whether it guarantees citizenship to children of noncitizens born in the U.S.
• Conservative justices like Neil Gorsuch have criticized nationwide injunctions as overreaching, while others suggest the Court may eventually rule on the executive order’s constitutionality.