Trump’s Birthright Citizenship Order Blocked Again

Trump’s Birthright Citizenship Order Blocked Again by Lower Courts Despite Supreme Court Opening

Multiple federal judges rule Trump’s executive order unconstitutional, stalling possible enforcement that could have begun this weekend.Washington, D.C. | August 1, 2025

A major push by former President Donald Trump to end birthright citizenship has hit another legal wall, even as a recent Supreme Court decision had seemingly cleared a path for its implementation. Lower federal courts have issued multiple rulings in recent weeks reaffirming that Trump’s controversial executive order is unconstitutional, effectively blocking its enforcement—perhaps permanently.

Supreme Court Ruling Opened the Door, But Lower Courts Slammed It Shut

On June 27, the Supreme Court ruled to limit the use of nationwide injunctions, a decision that initially appeared to favor the Trump administration. The ruling gave lower courts 30 days to reconsider broad injunctions, potentially allowing Trump’s executive order to take effect as early as this weekend.

However, three new federal court rulings have dashed that possibility.

• In New Hampshire, U.S. District Judge Joseph LaPlante—a George W. Bush appointee—blocked the policy nationwide in a class-action lawsuit filed by the ACLU.

• The 9th Circuit Court of Appeals upheld a separate nationwide injunction from a Seattle judge, rejecting the idea that the injunction was overly broad under the new Supreme Court guidance.

• And in Boston, Judge Leo Sorokin reaffirmed his previous injunction, saying there was no way to narrow it that would prevent widespread harm to states and cities.

All three courts determined that Trump's policy was not only overreaching, but also unconstitutional.

What Trump’s Executive Order Actually Says

The executive order, titled "PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP," was signed on January 20. It states that the U.S. government will no longer issue citizenship documents to children born on U.S. soil if their parents were in the country unlawfully—or even temporarily on legal visas.

Critics quickly pointed out that the order flies in the face of the 14th Amendment and the landmark 1898 Supreme Court case United States v. Wong Kim Ark, which established that nearly all children born in the U.S. are granted citizenship.

Legal Experts Say Administration May Have Chosen Strategy Over Substance

“The Trump administration was very purposeful and strategic in their decision to go to the Supreme Court on the question of what remedy courts can offer—not the legality of the order itself,” said Jessica Levinson, constitutional law professor at Loyola Law School.

By focusing on the scope of injunctions rather than the constitutional questions, Trump’s legal team may have tried to create a legal opening without confronting the precedent head-on.

Yet, every lower court that has examined the policy’s legality has rejected it, citing constitutional protections and decades of legal precedent.

Will Trump Appeal? DOJ Silent as Clock Ticks

So far, the Justice Department has not appealed any of the recent rulings. However, legal analysts believe that a path back to the Supreme Court remains open—especially now that the 9th Circuit has ruled the policy itself unconstitutional.

Meanwhile, a pending case in Maryland could again challenge the administration’s approach. U.S. District Judge Deborah Boardman has expressed readiness to reimpose a nationwide block if a related class-action lawsuit is returned to her court.

Unclear Guidance from the Administration

Despite earlier claims that federal agencies were preparing detailed guidance on implementing the birthright policy, no public framework has been released.

“The agencies are right now working on public guidance,” DOJ attorney Eric Hamilton told Judge Sorokin in court last month, offering no further details.

With the Supreme Court’s 30-day window now closed and multiple lower courts ruling against Trump’s order, it remains uncertain if the policy will ever be implemented.