Lawyers representing the Trump administration informed a federal judge Tuesday that enforcement of President Donald Trump’s executive order ending birthright citizenship could begin before the end of July, following a recent Supreme Court decision.
During a hearing, administration attorneys told U.S. District Judge Deborah Boardman they would hold off on enforcement until July 27, respecting a 30-day stay imposed by the Supreme Court last week.
“The Court’s stay thus allows Defendants to immediately begin to ‘develop and issue public guidance about the executive’s plans to implement the executive order,’” Justice Department attorney Brad Rosenberg stated in court filings.
The order, issued on the first day of Trump’s second term, directs all federal agencies to deny citizenship documents to children born in the U.S. to parents who are undocumented or do not have at least one parent who is a U.S. citizen or lawful permanent resident.
Though the order was initially blocked by lower courts, the Supreme Court weighed in last month. The justices’ 6-3 ruling focused narrowly on limiting the use of nationwide injunctions by lower courts, without ruling on the legality of the birthright citizenship order itself.
Instead, the Court ruled that plaintiffs seeking nationwide relief must bring their cases as class actions, prompting advocacy groups like the ACLU and CASA to refile lawsuits over the weekend.
At a Monday emergency hearing, Judge Boardman pressed the administration for details on enforcement plans.
“Just to get to the heart of it,” she said, “I want to know if the government thinks that it can start removing children from the United States who are subject to the terms of the executive order.”
Rosenberg replied that July 27 is the earliest date enforcement may begin under the Supreme Court’s stay.
Though the administration must wait until then to start applying the order, lawyers emphasized that they intend to “immediately” begin issuing public guidance about enforcement.
The order has faced widespread opposition since its signing, challenged by more than 20 states and immigrant rights groups who argue it is unconstitutional and undermines over a century of legal precedent.
Critics warn that about 150,000 children born annually in the U.S. to noncitizen parents could be affected, with advocates expressing concerns about the order’s potentially devastating impact.
“We’ve documented the incredible stress, anxiety, and fear our plaintiffs are experiencing,” said CASA attorney William Powell. “It is confusing to them, and we can’t assure them the order is fully blocked—because it’s not.”
