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New York Attorney General Letitia James issued a scathing rebuke of the U.S. Supreme Court on Sunday, following its 6–3 decision to uphold a major pillar of President Donald Trump’s immigration agenda—his executive order ending birthright citizenship for the children of undocumented immigrants.
The Court’s conservative majority ruled that federal district judges do not have the authority to issue nationwide injunctions, a tool that had previously been used to block parts of Trump’s policy from taking effect. With that authority now stripped, Trump’s executive order—which restricts birthright citizenship—has effectively become national policy.
“Every child born on U.S. soil is a citizen of this country, no matter which state they are born in,” James said in a statement. “This has been the law of the land for more than a century. Today’s ruling is a profound and disappointing setback for the families who now face tremendous uncertainty and danger, for the millions of people who rely on the courts to protect their constitutional rights, and for the fundamental rule of law.”
Trump’s executive order, issued earlier this year, declares that any child born after February 19 to parents who are unlawfully present in the U.S.—or to one undocumented parent and another who is not a U.S. citizen—will no longer be eligible for automatic citizenship under the 14th Amendment. The administration argues that the amendment has been misinterpreted for decades and that its original intent was never to confer citizenship on the children of non-citizens.
While the Court did not directly weigh in on the constitutionality of Trump’s order, it allowed the policy to take effect by rejecting the nationwide injunction previously issued in Trump v. CASA, a legal challenge brought by multiple state attorneys general, including James.
Legal experts note that the decision could have broader implications for how federal policies are challenged in court, making it harder for a single judge to block national enforcement of controversial laws or executive orders.
James, who initiated the legal fight, warned that the ruling opens the door to more sweeping executive actions unchecked by the judiciary. She also emphasized the potential harm to New York’s Child Health Plus program, which provides healthcare to children regardless of immigration status. With birthright citizenship revoked for certain children, she said, access to federal funds could be lost for many families.
“Our fight is not over,” James said, vowing that her office—and others—will continue to explore legal avenues to challenge what she called an unconstitutional policy.
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