Trump Loses Again on Birthright Citizenship

A fifth federal court blocks executive order
Posted Oct 4, 2025 12:35 PM CDT
Appeals Court Blocks Trump on Birthright Citizenship
Jenny Harris, of Baltimore, protests in support of birthright citizenship on May 15 outside the Supreme Court in Washington.   (AP Photo/Jacquelyn Martin)

A federal appeals court has dealt a significant blow to President Trump's efforts to end birthright citizenship, ruling that the constitutional guarantee remains firmly in place for those born on US. soil. The First Circuit Court of Appeals in Boston on Friday upheld an earlier injunction that blocked an executive order Trump signed in January to restrict citizenship for American-born children of non-citizen parents, the Hill reports. The three-judge panel cited historical precedent that citizenship is not dependent on parental status.

The court's opinion referenced other efforts to restrict birthright citizenship, describing those historical attempts in negative terms. "Our nation's history of efforts to restrict birthright citizenship—from Dred Scott in the decade before the Civil War to the attempted justification for the enforcement of the Chinese Exclusion Act in Wong Kim Ark—has not been a proud one," the court's top judge wrote. This decision adds to a series of federal court rulings since June, making it the fifth such decision to block or halt the order.

"The court is misinterpreting the 14th Amendment," a White House spokesperson said in a statement. "We look forward to being vindicated by the Supreme Court." An ACLU attorney welcomed the ruling, per the AP, saying, "Our Constitution is clear: no politician can decide who among those born in this country is worthy of citizenship." The Supreme Court ruled in June that lower courts generally can't issue nationwide injunctions but left room for other court orders that could have nationwide effects, including lawsuits brought by states. The ruling Friday was on a suit brought by states.

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