Appeals court blocks Trump's birthright citizenship executive order

 October 4, 2025

In a significant legal setback for the Trump administration, the 1st U.S. Circuit Court of Appeals on Friday unanimously rejected an executive order aimed at ending birthright citizenship in the United States, as Newsmax reports.

The decision reaffirmed that President Donald Trump’s attempt to limit citizenship for U.S.-born children violates the 14th Amendment, marking another defeat in a series of court challenges against the policy.

The controversy began on Jan. 20, when Trump, on his first day back in office, issued an executive order. It directed federal agencies to deny citizenship to children born in the U.S. unless at least one parent is a citizen or lawful permanent resident.

Court cites Constitutional concerns

This move sparked immediate legal challenges from multiple states and advocacy groups. It directly opposed a long-standing interpretation of the Constitution.

Legal pushback came swiftly, with 18 Democrat-led states and the District of Columbia filing a lawsuit. In February, U.S. District Judge Leo Sorokin in Boston issued a ruling siding with the plaintiffs.

Judge Sorokin warned of the potential chaos from a fragmented citizenship system. He noted it could disrupt social services nationwide due to families moving between states.

Chief judge offers rationale

His decision laid the foundation for higher court reviews. The case then moved to the 1st U.S. Circuit Court of Appeals in Boston, with a panel of three judges.

On Friday, the panel upheld the earlier injunction against Trump’s order. They found no grounds to overturn the prior judgments blocking the policy.

Chief Judge David Barron, who authored the opinion, stressed the clarity of the 14th Amendment, ratified in 1868. He wrote, “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.”

Legal battles continue

In his ruling, Barron further stated, “The Government now asks us to reverse the preliminary injunctions in these cases. We see no reason to do so.”

He continued, “But the length of our analysis should not be mistaken for a sign that the fundamental question that these cases raise about the scope of birthright citizenship is a difficult one. It is not, which may explain why it has been more than a century since a branch of our government has made as concerted an effort as the Executive Branch now makes to deny Americans their birthright.”

This ruling isn’t the first judicial rejection of Trump’s policy. In July, the 9th U.S. Circuit Court of Appeals in San Francisco also upheld a nationwide injunction, citing the same constitutional clause.

Supreme Court review hangs in balance

These repeated legal defeats underscore the difficulty of altering a principle rooted in the Constitution for over 150 years. Birthright citizenship, known as “jus soli” or right of soil, ensures automatic citizenship for those born on U.S. soil.

Despite setbacks, the Trump administration remains resolute. Officials plan to appeal the 1st Circuit’s ruling to the U.S. Supreme Court, setting the stage for a major legal confrontation.

A potential Supreme Court case could redefine citizenship in America. The outcome might influence immigration policies for generations, as the nation awaits the next chapter of this ongoing dispute.

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