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Supreme Court Signals Doubts on Trump Administration's Immigration Policies

Justices question nationwide injunction limits and express skepticism over government’s trustworthiness in enforcing immigration rules.

(Illustration from Getty Images)
Supreme Court
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SAN LUIS, ARIZONA- MAY 21: A U.S. Border Patrol agent helps a pregnant immigrant from Haiti who was having contractions to an ambulance, after she crossed from Mexico, with the U.S.-Mexico border barrier in the background, on May 21, 2022 in San Luis, Arizona. A U.S. Border Patrol agent opened a gate in the barrier to allow paramedics to reach her as she was initially having contractions on the other side of the barrier, while still technically in the United States. She had been stranded behind the barrier with other immigrants, some of whom said they had been waiting for two days to be picked up by Border Patrol. Title 42, the controversial pandemic-era border policy enacted by former President Trump, which cites COVID-19 as the reason to rapidly expel asylum seekers at the U.S. border, was set to officially expire on May 23rd. A federal judge in Louisiana delivered a ruling yesterday blocking the Biden administration from lifting Title 42. (Photo by Mario Tama/Getty Images)

Overview

  • The Supreme Court recently heard oral arguments on the legality of nationwide injunctions in challenges to President Trump’s birthright citizenship executive order.
  • Lower courts have ruled the executive order unconstitutional under the 14th Amendment and issued nationwide injunctions blocking its enforcement.
  • Justices Sotomayor and Kagan pressed the administration on how courts can effectively halt unlawful executive actions without nationwide injunctions.
  • The Court has shown growing skepticism about the Trump administration’s good faith in immigration cases, citing concerns about compliance with judicial orders.
  • A decision on the scope of nationwide injunctions and the birthright citizenship cases is expected by the end of June 2025.