The Supreme Court agreed to a partial stay to severely limit universal injunctions issued by district court judges as part of ongoing litigation over President Donald Trump’s executive order (EO) on birthright citizenship — though the Friday, June 27 opinion did not weigh in on the question at the center of the three lawsuits of whether the order itself is constitutional. That EO declares that babies born in the United States may not be citizens if their parents were not here legally or if the parents were here legally but on a temporary basis, such as on a nonimmigrant work visa. 

The court’s decision in the lawsuits — Trump vs. CASA, Trump vs. Washington, and Trump vs. New Jersey — has important implications for international businesses and their employees. 

What this means for now: The opinion asked the lower courts to reconsider their broad rulings and indicated that Trump’s EO cannot take effect for 30 days. Additional legal challenges are expected. For now, all babies born in the United States regardless of their parents' legal status are considered U.S. citizens. It is unclear whether the 30-day deadline applies to babies born after the order’s effective date in February or after July 27, 2025, the date the EO is now set to go into effect.

What this does not mean: The opinion did not rule on whether this EO violates the 14th Amendment or the Nationality Act. The 14th Amendment states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." 

After the court’s decision, Ben Johnson, the executive director of the American Immigration Lawyers Association stated: "We are now facing the prospect of hundreds of individual lawsuits and likely multiple class actions to protect a right that is plainly guaranteed by the Constitution."

Companies should consider consulting with outside counsel if they have any questions regarding what the Supreme Court ruling means for their nonimmigrant employees and their families. 

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