The Trump administration says it will hold off on deporting U.S.-born children impacted by its new birthright citizenship policy—at least until the order officially takes effect on July 27. The announcement came during federal court hearings on Monday, where two judges pressed government lawyers for clarity on how and when the policy will be enforced.
Advocates Push for Class-Wide Protections
Immigrant rights groups responded quickly after the high court’s ruling, filing updated lawsuits in Maryland and New Hampshire to expand protection beyond individual plaintiffs. They’re now pushing for class-action relief that would apply to all potentially-affected families nationwide.
Judges Deborah Boardman and Joseph LaPlante agreed to fast-track the cases, aiming to issue rulings before the order kicks in. Both judges also requested that the Department of Justice confirm in writing that no removals would occur in the meantime.
Policy Ignites Debate Over 14th Amendment
Underlying the courtroom battle is the long-standing interpretation of the 14th amendment, which includes automatic U.S. citizenship to anyone born in America. The executive action by Trump seeks to unravel that standard by requiring at least one parent to be a U.S. citizen or a lawful permanent resident.
Earlier court rulings temporarily blocked the policy, but those rulings were narrowed after the Supreme Court decided that judges can’t issue universal injunctions. However, the verdict did suggest that broad protections might still be granted through certified class-action cases, which are now in progress.
Families Left in Limbo as Uncertainty Grows
Immigration attorneys and community advocates say the policy—and the murky legal status surrounding it—has caused widespread confusion among immigrant families, especially expectant parents unsure of their child’s future. Many are turning to legal aid groups to find out if their U.S.-born children could lose their citizenship rights.
Experts warn that the policy would lead to uneven enforcement across states. If there are states that can enforce the order and courts block others, the consequence would be chaotic and disparate enforcement of citizenship rules, specifically at hospitals and state agencies that issue birth certificates.
Courts Demand Written Assurances
Both federal judges have asked Department of Justice (DOJ) attorneys to put their assurances on paper, guaranteeing that no children will be deported under the new policy until after July 27. The DOJ verbally agreed in court but must provide formal confirmation by mid-week. These commitments could shape the timeline for broader rulings on whether the policy will be paused altogether.
The administration, meanwhile, remains steadfast. Officials maintain that the Constitution doesn’t guarantee automatic birthright citizenship for children of undocumented immigrants or temporary visa holders.
Potential for Uneven Rollout Across States
Legal analysts say the policy, if not blocked on a national scale, could roll out unevenly across the country. States that didn’t challenge the executive order in court may begin enforcing it, while others stay shielded under earlier rulings. That patchwork approach could lead to confusion for both families and state agencies.
Health and immigration experts say it could also put pressure on frontline staff like hospital administrators and birth record officials, who might suddenly find themselves needing to assess a newborn’s citizenship based on their parents’ legal status.
What’s Next in Court?
In Maryland, Judge Boardman set a schedule for additional filings through July 9 and is expected to rule soon after. In New Hampshire, Judge LaPlante scheduled a hearing for July 10. Both courts are considering whether to grant class-wide injunctions that would freeze the policy for all affected families while litigation continues. Until then, the administration is preparing for implementation, and the legal battles are far from over.
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Resources:
- https://www.reuters.com/legal/government/trump-lawyer-says-no-immediate-deportations-under-birthright-citizenship-order-2025-06-30/
- https://economictimes.indiatimes.com/nri/latest-updates/trumps-lawyer-says-no-immediate-deportations-under-birthright-citizenship-order-as-judges-to-decide-on-challenges/articleshow/122173584.cms
- https://blog.immigrationquestion.com/news/trump-policy-threatens-citizenship-rights-for-children-of-immigrants-born-in-us/
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