A new judicial block against the birthright citizenship order complies with the legal parameters set with the recent Supreme Court ruling. A federal judge issued a certification to a nationwide class that covers all children affected by enforcement of the birthright citizenship order. This marks the first time a federal judge has blocked the order since the Supreme court’s decision.

On June 27, 2025, the U.S. Supreme Court (SCOTUS) ruled lower courts can’t issue nationwide blocks on policy enforcement. They can still block the enforcement of policy for parties listed on the specific lawsuit, but not beyond that scope. Lower court judges can also still expand the party the block applies to.

This is the basis of the federal judge’s ruling. The judge expanded the class of individuals affected by the policy to include all children born in the U.S. in their ruling. That is the only way to legally issue a nationwide block against any kind of policy. It’s unclear if the government will appeal against the block or find another way to counter it.

The government’s efforts to limit birth right citizenship date back to an executive order signed on January 20, 2025. Three courts issued nationwide blocks against its enforcement. SCOTUS later ruled that issuing such blocks was beyond the lower courts’ jurisdiction. Lower courts can no longer block the enforcement of policy on a national scale.

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