Written/Reviewed By:
Flávio DaCosta Esq.Last Updated: May 18, 2026
Read Time: 2 mins
The United States Supreme Court issued a decision this Friday (27) limiting the authority of federal district judges to issue nationwide rulings. The move is seen as a significant victory for President Donald Trump and may open the door to implementing his proposal to restrict birthright citizenship for children born in the U.S. to tourists and undocumented immigrants.
The Court, which holds a conservative majority, ruled that lower court judges do not have the power to issue nationwide injunctions on matters of federal scope. However, the justices did not directly address the legality of Trump’s proposed restrictions on birthright citizenship, nor did they establish a timeline for a definitive ruling on the issue.
Despite the lack of a direct ruling on the policy, Trump celebrated the decision as a “giant victory,” claiming it undermines what he has long described as a “fraudulent immigration process.” On his social media platform, Truth Social, he wrote:
“BIG VICTORY at the United States Supreme Court! Even the scam of birthright citizenship was, indirectly, severely hit. […] Congratulations to Attorney General Pam Bondi, Deputy Attorney General John Sauer, and the entire Department of Justice.”
Birthright citizenship — guaranteed by the 14th Amendment to the U.S. Constitution — ensures that anyone born on U.S. soil is automatically a citizen, including children of undocumented immigrants. This principle was reinforced by a landmark Supreme Court decision in 1898 (United States v. Wong Kim Ark), which established exceptions only for:
Children of foreign diplomats;
Enemies occupying U.S. territory during wartime;
Children born on foreign ships;
Children of members of sovereign Native American tribes.
Today, the United States is one of approximately 30 countries — primarily in the Americas — that apply the jus soli principle (“right of the soil”) for citizenship.
Trump’s proposal was formally introduced through an executive order signed on January 20, 2025, his first day back in office during his new term. The initiative is part of a broader package of tougher immigration measures. Additionally, the administration has asked the courts for authorization to at least publicly outline how it intends to implement the policy if it is ultimately upheld by the judiciary.
Why Flavio DaCosta Law?
Immigrant Founded
Results You & Your Family
Can Trust
Falamos Portugues &
Hablamos Español
Send Us a Message