The U.S. Supreme Court has issued a ruling limiting the scope of a lower court’s nationwide injunction against President Donald Trump’s executive order banning birthright citizenship, signed shortly after his inauguration.As a result, the restriction on birthright citizenship is likely to take effect soon in 28 states, raising significant concerns within immigrant communities.On June 27, the Supreme Court, with a 6-3 vote split along conservative-liberal lines, made this decision.

The ruling does not directly address the constitutionality of birthright citizenship but focuses on the procedural issue of whether a single lower court’s injunction can apply nationwide, including to states not involved in the lawsuit.Trump’s executive order prohibits granting birthright citizenship to children born in the U.S. to parents who are undocumented or lack permanent residency. This applies, for example, to cases where the mother is undocumented or a temporary legal resident, and the father is neither a U.S. citizen nor a permanent resident.California and 21 other Democratic-led states, along with Washington, D.C., filed lawsuits claiming the order violates the Constitution, and some lower courts issued temporary injunctions halting its enforcement.

However, the Supreme Court’s ruling allows the order to take effect in 28 Republican-led states, such as Texas, Florida, and Georgia, after a one-month grace period.This decision has sent shockwaves through immigrant communities, including the Korean American community. While heavily Korean-populated states like California and New York are exempt, the order affects not only undocumented immigrants but also those legally residing in the U.S. on work, student, or corporate visas without permanent residency.

This means their U.S.-born children will no longer automatically receive citizenship.Yoon, a 35-year-old Georgia resident on a work visa, expressed distress: “My child is due in a few months, and hearing they might not get citizenship due to Trump’s policy feels overwhelming. Without citizenship, my child’s education, healthcare, and legal status will be uncertain.” Choi, a 27-year-old living in LA with her permanent resident husband, added, “Even though this ruling doesn’t affect our state yet, I’m scared of what policies might come next. It’s hard to even plan for a family.”Korean American immigration attorneys argue that, while the ruling is a political win for the Trump administration, the restriction on birthright citizenship likely violates the Constitution. The 14th Amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”Immigration attorney Sung-Hwan Kim remarked, “Few believe a presidential executive order can strip away a constitutional right. Even if enforced in some states, affected individuals can file lawsuits, and the policy is likely to be overturned in the long run.

”However, Trump hailed the ruling as a “tremendous victory,” leveraging anti-immigrant sentiment for political gain. This has heightened anxiety among immigrants, with many fearing further restrictive measures.Online Korean American communities are flooded with concerns: “After all the effort to immigrate and settle, I’m scared my children won’t even have basic legal status,” “I wish I’d delayed having a child,” and “Should I consult a lawyer?” Legal experts note that while the practical impact of the restriction remains uncertain, it will likely cause significant unease and confusion among Korean Americans
and other immigrants for some time.

By Sehee Roh, Reporter