I. INTRODUCTION

This memorandum analyzes the legal implications of the U.S. Supreme Court’s June 27, 2025 decision on nationwide injunctions and the subsequent impact on former President Trump’s executive order restricting jus soli citizenship rights. This issue bears significant implications for surrogacy clients, particularly international intended parents, clients on temporary visa status, and surrogates operating across state lines.

II. SUMMARY OF COURT RULING

In a 6–3 decision, the U.S. Supreme Court curtailed the power of lower federal courts to issue universal injunctions, holding that such injunctions exceed the courts’ Article III jurisdiction when applied beyond the parties before the court. The ruling affects three key district court cases—originating in Massachusetts, Maryland, and Washington—that had previously blocked enforcement of the executive order nationwide.

The decision permits the executive order to go into effect in any state not directly bound by those lawsuits or joined by coalition litigation.

III. CURRENT LEGAL STATUS IN MICHIGAN

Michigan remains one of 22 states where federal injunctions continue to block the executive order’s enforcement. Thus, children born in Michigan—regardless of parental immigration status—retain current birthright citizenship protections under the 14th Amendment.

That said, this protection is not permanent. Should the underlying injunction be vacated or reversed on appeal, the executive order may become enforceable in Michigan.

IV. DESCRIPTION OF THE EXECUTIVE ORDER

The executive order redefines eligibility for birthright citizenship to:

• Children born to U.S. citizens or lawful permanent residents (LPRs)
• Excludes children born to individuals on temporary visas (B, F, J, H, etc.), humanitarian statuses, and those without lawful presence

This definition departs from existing precedent in United States v. Wong Kim Ark, 169 U.S. 649 (1898), and is anticipated to generate constitutional challenges.

V. LEGAL IMPLICATIONS FOR SURROGACY CLIENTS

A. Intended Parents (Non-Citizens or Visa Holders)
Parents without U.S. citizenship or permanent residency may face denial of birth certificates, passports, or Consular Reports of Birth Abroad for children born in jurisdictions enforcing the executive order.

B. Surrogates Crossing State Lines
Surrogates delivering in states where the executive order is active may give birth to children whose citizenship is no longer automatically recognized. This risk applies even where the parentage order is valid in the birth state.

C. Interstate or International Legal Conflicts
Clients must anticipate legal conflicts where a child’s citizenship is unrecognized federally or internationally, despite valid state parentage orders or foreign citizenship claims.

VI. CONCLUSION

The evolving federal landscape around birthright citizenship necessitates proactive legal planning. Clients engaged in surrogacy, particularly international arrangements, must now incorporate jurisdictional strategy into their legal and logistical decisions regarding the birth of the child.

We will continue to monitor litigation in relevant circuits and update clients on any changes affecting Michigan or cross-jurisdictional surrogacy arrangements.

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