Injunctions and How They Protect Us: Birthright Citizenship and the 14th Amendment
Statement from the Vermont Asylum Assistance Project (VAAP) denouncing the Supreme Court ruling in Trump v. CASA.
Today, the Supreme Court held that nationwide injunctions issued by federal district courts exceed the authority granted to them by Congress. This decision strips courts of one of their most powerful tools to halt harmful and potentially unconstitutional executive actions across the country. As a result, legal advocates now face a narrow 30-day window to file class action lawsuits in an attempt to preserve birthright citizenship—a right guaranteed under the 14th Amendment of the United States Constitution.
Nationwide injunctions have been used multiple times to stop dangerous and discriminatory policies, including:
Under this new legal regime, federal courts may only issue relief for the specific plaintiffs in a case. This means unlawful policies like third-country deportations and the assault on birthright citizenship can continue to be enforced across the country, even if a court finds them unconstitutional. Unless each affected person brings their case, no nationwide relief will be available.
In its decision, the Supreme Court failed to safeguard the constitutional right to birthright citizenship, creating profound legal uncertainty for millions of U.S. children –especially children of immigrants. Without clear and consistent constitutional protection, these individuals may face denial of legal recognition of their citizenship status, exposure to unlawful detention or deportation, and the creation of a permanent underclass of stateless children.
The 14th Amendment's promise of citizenship by birth has been a cornerstone of American democracy. Any effort to undermine it contradicts our Constitution, our values, and our history. No president has the power to decide who among those born in the United States is worthy of citizenship.
We condemn this ruling in the strongest terms. VAAP stands with communities across the country to defend the rights and dignity of all people—especially those whose citizenship and humanity are under attack.
