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IMMIGRATION JULY 11, 2025 | The Indian Eye 34
Supreme Court Decision Limits
Nationwide Injunctions Giving More
Power to Trump to Violate the Constitution
BY CYRUS MEHTA to stop a federal policy from wrote for the majority ac- Court will agree when it rules child of a pregnant plaintiff
taking effect across the entire knowledged, arguments that on the merits. There will be would give that plaintiff com-
n June 27, 2025, in a country. “the universal injunction continuing and evolving un- plete relief, and extending the
case implicating Pres- The Supreme Court’s ‘give[s] the Judiciary a pow- certainties, including legal injunction to all similarly situ-
Oident Trump’s Execu- order incorporates a change erful tool to check the Ex- challenges to the birthright ated individuals will not ren-
tive Order (EO) on birthright to the effective date of the ecutive Branch.’ But federal citizenship order in the fed- der the relief more complete,
citizenship, the U.S. Supreme EO, which was agreed to by courts do not exercise gener- eral courts. For example, filed this limitation on complete
Court issued a decision lim- the government. The Court al oversight of the Executive within hours of the decision, relief should not apply to a
iting federal courts’ ability to stated that the EO does not Branch; they resolve cases a lawsuit in New Hampshire state plaintiff.
issue nationwide injunctions apply to children born since and controversies consis- seeks to designate a nation- And if a state asks for
blocking EOs and broad na- January 20, 2025, and for 30 tent with the authority Con- wide class of children needing complete relief and gets it
tional policies. It explained additional days after the or- gress has given them,” she protection from the EO. The from a district court then this
that in such cases, courts der. Under the decision, all emphasized. “When a court nonprofit plaintiff organiza- too will be appealed to the
should normally only block children born in the United concludes that the Executive tion, Casa Inc., also moved Supreme Court, and there is
federal policies for the indi- States before July 28, 2025, Branch has acted unlawfully, swiftly to modify their chal- a risk that a state would only
viduals or organizations that regardless of their parents’ the answer is not for the court lenges into a class action. In- be given relief for those who
bring a lawsuit, unless a stat- immigration status, will be to exceed its power, too.” The deed, the majority order that reside in the state. This could
ute or class action process recognized as U.S. citizens by justices held along ideological deemed nationwide injunc- result in disastrous disparities
allows broader relief. This the executive branch of the lines that the Judiciary Act of tions a “shortcut to relief that in a birthright citizen case, as
ruling makes it less likely that federal government. 1798 does not authorize fed- benefits parties and nonpar- a child who is born in New
a single lawsuit will be able Justice Barrett, who eral district court judges to is- ties alike” did not preclude Jersey and recognized as a
sue sweeping injunctions federal courts from providing citizen but who later moves
that stop the government relief through class actions. to Texas would not be recog-
from enforcing a policy Meanwhile, at a press con- nized as a citizen in that state.
throughout the country. ference on June 27, 2025, The cumbersome class
Justice Sonia Soto- President Trump announced action is no substitute for a
mayor dissented, in an that the administration plans court to quickly block a bla-
opinion that she read to take additional actions to tantly unconstitutional exec-
from the bench, which end birthright citizenship. utive order under universal
signaled her strong dis- These efforts will likely take jurisdiction. What if there was
agreement with the the form of new agency rules, an EO prohibiting members
majority’s ruling. She policies, and guidance aimed of a religion from openly wor-
stated that the majority at implementing the EO. shiping? A court should be
had ruled that, “absent If there is any issue that able to quickly block it under
cumbersome class-action cries out in favor of the uni- universal jurisdiction.
litigation, courts cannot versal injunction it is for a What if Trump issues an
completely enjoin even court to protect a newborn EO demanding that all his op-
such plainly unlawful from a blatantly unconstitu- ponents be shipped to a pris-
policies unless doing so tional executive order which on in El Salvador? If one such
is necessary to afford the Supreme Court majority well-heeled opponent goes
the formal parties com- sadly failed to do. First it was to court and gets an order it
plete relief. That holding outrageous that the Supreme will only benefit her, and each
renders constitutional Court used this case to demol- opponent will have to obtain
m of guarantees meaningful ish the notion of the universal a similar order as Trump can
CYRUS D. MEHTA & PARTNERS PLLC in name only for any in- injunction involving such a otherwise keep on enforcing
dividuals who are not blatantly unconstitutional ex- his unconstitutional actions.
parties to a lawsuit.” ecutive order. Steve Vladeck Parents in H-1B/H-4
The decision did states that class actions are nonimmigrant visa status of
not address the merits more difficult to bring and are a newborn in states that did
or constitutionality of also subject to interlocutory not challenge the birthright
the EO, and we have appeals whether the court ap- citizenship EO will have to in-
discussed previously propriately certified the class. dividually sue or join class ac-
that the EO is probably Even though Justice Barrett tions to ensure that their child
unconstitutional and we held that prohibiting enforce- is recognized as a US citizen,
2 6th Floor
hope that the Supreme ment of the order against the or they are welcome to come
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