Lower courts can no longer issue nationwide policy blocks as a way of stalling government policy, per a Supreme court decision. Lower courts can now only issue blocks on policies for people who file a lawsuit. The decision greatly limits the ability of lower courts to block other immigration policies.

On January 20, 2025, the government signed an executive order excluding birthright citizenship to children born to parents with nonimmigrant status. Children of parents with temporary nonimmigrant status are excluded, too. The executive order doesn’t apply to children that have one parent that’s a U.S. citizen or lawful permanent resident.

Federal judges in three states issued separate nationwide blocks on enforcing the order after separate parties filled lawsuits disputing the order. They argued it violated the citizenship clause of the 14^th Amendment of the United States Constitution. A circuit panel decided not to remove the blocks when the government filed an appeal. In response, the government called on the U.S. Supreme court to resolve the issue.

The Supreme court decision ignored the question of the constitutionality of the executive order and instead focused on the ability of lower circuit courts to issue nationwide blocks. The three lower courts must adjust their lawsuits to only include the individual plaintiffs or organizations. It isn’t clear if the decision retroactively applies to nationwide blocks on other government policies issued before the ruling. The executive order will go into effect on July 27, 2025.

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