Federal Judges Block Trump’s Birthright Citizenship Executive Order

Despite a recent procedural setback at the U.S. Supreme Court, federal courts across the country continue to block implementation of President Trump’s Executive Order seeking to end birthright citizenship. In the latest ruling, the U.S. Court of Appeals for the Ninth Circuit held that the Executive Order violates the U.S. Constitution, finding it incompatible with the plain language of the 14th Amendment, which guarantees citizenship to “all persons born in the United States and subject to the jurisdiction thereof.” The court upheld a lower court’s nationwide injunction, affirming that the states challenging the order—Arizona, Illinois, Oregon, and Washington—are entitled to full and effective relief. The Ninth Circuit, the largest of the 13 federal appellate courts, covers nine western states.

In a parallel development, a federal judge in New Hampshire approved a nationwide class action lawsuit brought by the ACLU on behalf of U.S.-born children who could be affected by the Executive Order. The certified class includes all children born in the United States after February 20, 2025—regardless of their parents’ immigration status—including those born to undocumented immigrants and foreign nationals on student visas. The judge clarified that the preliminary relief applies to children only, and ordered the federal government not to enforce the Executive Order while the case is pending. The Trump administration chose not to appeal the ruling, leaving the order blocked for now.

The administration argues that the 14th Amendment does not apply to children of individuals who are unlawfully present or on temporary visas, claiming such individuals are not “subject to the jurisdiction” of the United States. However, that argument was definitively rejected by the U.S. Supreme Court in United States v. Wong Kim Ark (1898), where the Court held that children born in the U.S. are citizens at birth, regardless of their parents’ immigration status. This principle has been the foundation of U.S. citizenship law for over 120 years, supported consistently by all three branches of government.

In addition to the constitutional issues, the states challenging the Executive Order argue that redefining birthright citizenship could have far-reaching financial consequences, particularly in how federal funding is allocated based on population data.

For now, the lower federal courts are working to uphold the long-established guarantees of the 14th Amendment. The ultimate outcome, however, will likely rest with the U.S. Supreme Court.

The alert is for informational purposes only. Please contact us if you would like to discuss this development further.