On June 27, 2025, the U.S. Supreme Court issued a pivotal decision in Trump v. CASA, fundamentally altering how federal courts can block executive orders affecting United States birthright citizenship. While the case didn’t determine whether birthright citizenship under the 14th Amendment is constitutional, it significantly reshapes how protections apply—and that matters especially for families who may have undocumented or illegal status seeking guidance from a New Jersey immigration lawyer.
Key Takeaway from the Supreme Court Decision
- The Court (6–3) dismissed nationwide injunctions against Executive Order 14160, which sought to limit birthright citizenship for children born to undocumented parents.
- Instead, injunctions now only protect the plaintiffs directly involved in the specific lawsuits—unless a class-action is certified, which as of this writing, has not materialized yet.
- Importantly, the Court did not rule on whether the Executive Order itself is lawful or unconstitutional. A hearing on the merits of the Executive Order constitutionality has yet to occur, so its legality remains unresolved, although some pundits feel that the Justices are leaning towards upholding it.
New Jersey’s Lawsuit: Statewide Protection for NJ-Born Children
- New Jersey is part of the multi-state lawsuit (New Jersey v. Trump) joined with Massachusetts and Washington, filed in the U.S. District Court for the District of Massachusetts.
- Because New Jersey is an active plaintiff, its residents enjoy existing protections under the injunction until the case advances or a class is certified.
- States not involved, like Texas, may not benefit from these injunctions. If no class-action is filed or certified, the Executive Order could go into effect in those jurisdictions after 30 days.
What This Means for Immigrant Families in New Jersey
- If you are undocumented and have a child born to you in New Jersey, your child is currently protected from being denied citizenship or a birth certificate due to the Executive Order.
- But changes could happen if:
- The case dismisses New Jersey’s claims,
- A broader class-action isn't pursued or certified, or
- A higher court rules differently.
- In the meantime: New Jersey families should:
- Safeguard the birth certificate,
- Monitor court updates,
- Consult experienced legal counsel to secure their child’s rights.
How to Prove Birthright Citizenship
If your child is born in the U.S., standard documents considered evidence of American citizenship include:
- U.S.-issued birth certificate (state-level vital records); or
- Valid U.S. passport
- For children born in the U.S. without documentation: early school records, hospital records, baptismal certificates, or affidavits can help.
In New Jersey, your state-issued birth certificate is primary proof of your U.S. citizenship (though you may also need photo ID like a driver's license or passport for applications).
For children who were not born in the United States but who may need to prove U.S. Citizenship, they should have the following:
- Certificate of Citizenship (filed through the N-600) or Naturalization (Form N-400); or
- Consular Report of Birth Abroad (CRBA) (for children born abroad to U.S. parents); or
- U.S. Passport
FAQs
Q: Can my child lose U.S. citizenship if born in New Jersey?
A: No—NJ’s participation in the lawsuit ensures current protection. However, changes at the appeal level or class certification may alter that.
Q: What evidence should I keep?
A: Your child’s certified NJ birth certificate, any U.S. passport or SSN documents, and proof of residence in NJ.
Q: What if born in another state?
A: Citizenship might depend on whether that state is part of a lawsuit or a certified class. The situation varies, which is why this decision is so impactful.
Why Choose Lee & Garasia as your New Jersey Immigration Lawyers?
- We have helped many NJ families secure citizenship documents for U.S.-born children, as well as children who may have acquired American citizenship through derivation or acquisition at birth abroad.
- Fluent in Spanish, Hindi, Gujarati—and deeply rooted in serving New Jersey’s immigrant communities.
- We provide honest, up-to-date legal counsel tailored to evolving court rulings.
Located in Metuchen and just minutes from Edison, we represent clients in Middlesex County and throughout the entire state of New Jersey. Contact us today for help confirming your child’s citizenship, preparing necessary documentation, and protecting their rights—especially given the recent developments of this polarizing case.
