Supreme Court to Hear Arguments on Birthright Citizenship Case in May

On May 15, 2025, the Supreme Court will hear arguments on the Trump administration’s efforts to restrict automatic birthright citizenship. The executive order states that individuals born in the US would not be eligible for citizenship unless at least one of their parents is a citizen or a green card holder. If implemented, the EO would have denied birthright citizenship to large classes of immigrants, including those with temporary work visas. The Supreme Court blocked the birthright citizenship EO from going into effect, and the pause will remain in place.

The oral argument will not consider the legality of the birthright citizenship EO but rather will review the Trump administration’s request to narrow three lower court rulings that created a nationwide pause of the policy. The Trump administration is arguing that federal judges must limit their orders to parties in the lawsuits and not implement nationwide injunctions. The Court will likely rule on the issue in late June or early July. 

Erickson Insights & Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.