Statement
Supreme Court Decision Weakens Movement’s Legal Shield Against Authoritarianism and Attacks on Immigrant Families
On June 27, 2025, the Supreme Court issued a deeply harmful ruling in Trump v. CASA to limit the ability of federal courts to issue nationwide injunctions, further opening the door to attacks on immigrant communities by way of executive orders and actions. The ruling, written by Justice Amy Coney Barrett in a 6-3 decision, comes in the context of Trump’s effort to dismantle birthright citizenship by denying U.S. citizenship to children born to undocumented immigrants and temporary visa holders—a policy that could threaten hundreds of thousands of families. At Muslims for Just Futures, we condemn this decision.
The ruling constrains the ability of federal courts to block unconstitutional executive policies on a nationwide basis. Justice Barrett, writing for the conservative majority, argued that “universal injunctions likely exceed” judicial authority. Justice Sotomayor’s dissent makes clear what is at stake: “By stripping all federal courts, including itself of that power, the Court kneecaps the Judiciary’s authority to stop the Executive from enforcing even the most unconstitutional policies.” At the same time, the Court did not decide whether the birthright citizenship order is unconstitutional, and delayed its implementation by 30 days.
MJF is deeply concerned about the implications of this decision on our movements’ ability to rely on the courts as a check against authoritarian abuse of power.
This decision is deeply concerning for the following reasons:
Leaves children’s citizenship status in limbo across jurisdictions
Creates a “patchwork system” of decisions that might differ from state to state
Drastically weakens the ability of federal judges to provide broad relief
Curtails our organization’s and social movements’ ability to stop unlawful government actions quickly and fully by utilizing universal injunctions as a tool to prevent the tide of authoritarianism.
This ruling has sweeping consequences beyond the specific case of birthright citizenship:
Takes away a critical tool to BLOCK unjust policies used by movements: While the law isn’t a tool of collective liberation, movements have relied on lawyers to utilize tools to block executive abuse of power and overreach. Nationwide injunctions have been one of the few mechanisms available to organizations and movements to immediately stop unconstitutional policies from taking effect across the country. Their removal leaves us fighting harmful policies jurisdiction by jurisdiction, even when the harms are national in scope.
Exposes families and movements to fragmented justice: As immigrant rights advocates warned, including groups like the Asian Law Caucus, limiting court orders to narrow geographic areas means that babies born in some states could be U.S. citizens while those in other states could be denied that right.
Undermines class action alternatives: While the Court suggested class actions as an alternative to nationwide relief, this path is longer, more burdensome, and easier for the government to challenge. In moments of crisis, whether it's a deportation surge, protest crackdown, or healthcare ban, movements don’t have the luxury of delay. We are now expected to fight with more barriers and fewer legal tools.
Chills the ability to mount coordinated legal resistance: With authoritarianism escalating, civil society needs coordinated, strategic legal defense more than ever. This decision fragments our collective power and diminishes the judiciary’s role as a check on executive abuse, including potentially impacting our movement’s ability to mount coordinated legal defense strategies across the country.
Trump’s assault on birthright citizenship is only the latest example of a broader effort to rewrite constitutional norms under the guise of legal restraint. It’s disappointing and deeply concerning that the highest court in the land has now aided that effort by tying the hands of the very institutions that could potentially offer reprieve and defend our rights.
