Summary: Enforcement of the Executive Order (EO) 14160 on birthright citizenship has been blocked temporarily. However, employers should keep a close eye on legal developments. While this EO does not directly impact employers, businesses should be prepared to adapt in a complex legal landscape and remain informed about the concerns of their employees.
On July 10, 2025, a federal district court in New Hampshire issued an injunction prohibiting the enforcement of President Trump’s executive order on birthright citizenship. The federal court in New Hampshire has provisionally certified a nationwide class of affected individuals and issued a preliminary injunction preventing the federal government from enforcing the EO—at least temporarily. However, the injunction is currently stayed for seven days to give the government time to appeal.
Executive Order 14160
This EO attempts to deny automatic U.S. citizenship (under the 14th amendment) to children born in the United States if either:
- their mother was unlawfully present in the U.S. at the time of birth and their father was not a U.S. citizen or lawful permanent resident (green card holder); or
- their mother was in the U.S. lawfully, but only temporarily (such as on a tourist visa or student visa), and their father was not a U.S. citizen or lawful permanent resident.
The Case: Barbara v. Trump
The case, Barbara et al. v. Trump et al., was filed on June 27, the same day the U.S. Supreme Court ruled that district court injunctions must typically be limited to the parties before them, while leaving open the door for nationwide class actions to achieve broader relief. The Barbara plaintiffs, represented by the ACLU and other advocacy organizations, responded swiftly by requesting class-wide protections.
The class of plaintiffs includes all current and future individuals born on or after February 20, 2025, whose mother was either unlawfully present or temporarily present in the U.S. at the time of birth, and whose father was not a U.S. citizen or lawful permanent resident.
The Ruling
The federal court’s order bars the federal government from implementing the EO against members of this provisional class while the underlying lawsuit moves forward. However, this injunction is paused for seven days, during which the federal government is expected to file an expedited appeal. If upheld, the injunction would prevent enforcement of the EO for potentially thousands of births, offering a measure of clarity in what has become a rapidly shifting legal landscape.
Importantly, the Supreme Court has separately prohibited implementation of the EO for 30 days following its ruling—delaying enforcement until at least July 27. Between now and then, legal challenges are unfolding in multiple federal courts, with new plaintiffs and states seeking similar injunctions. Any favorable ruling for plaintiffs in these other cases is likely to face swift appeal by the government.
What This Means for Employers and HR Professionals
While this issue does not directly affect employment authorization policies, it could have far-reaching implications for families of employees, future benefits eligibility, and public policy planning, particularly for companies with multinational workforces or clients in vulnerable immigrant communities.
If a nationwide injunction is not secured before July 27, 2025, the EO could go into effect in jurisdictions or against individuals not covered by court orders. Alternatively, the government may opt to delay implementation voluntarily, depending on the outcomes of ongoing litigation.
We will continue monitoring this rapidly developing situation and provide updates as new rulings emerge.
