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First Circuit Upholds Block on Trump’s Birthright Citizenship Order

The decision reinforces appellate conclusions that the order likely violates the 14th Amendment, positioning the dispute for Supreme Court review.

FILE - The Supreme Court is seen in the distance, framed through columns of the U.S. Senate at the Capitol in Washington, Feb. 20, 2025. (AP Photo/J. Scott Applewhite, File)
Director of U.S. Citizenship and Immigration Services Joseph Edlow speaks during an interview with the Associated Press at the agency's headquarters Monday, Sept. 8, 2025, in Camp Springs, Md. (AP Photo/Mark Schiefelbein)
In this photo made with a slow shutter speed, President Donald Trump speaks in the Oval Office of the White House, Tuesday, Sept. 30, 2025, in Washington. (AP Photo/Alex Brandon)
U.S. President Donald Trump speaks to the media, after the U.S. Supreme Court dealt a blow to the power of federal judges by restricting their ability to grant broad legal relief in cases as the justices acted in a legal fight over President Donald Trump's bid to limit birthright citizenship, in the Press Briefing Room at the White House in Washington D.C., June 27, 2025. REUTERS/Ken Cedeno/File Photo

Overview

  • An appeals panel in Boston affirmed a nationwide preliminary injunction, finding challengers are likely to succeed on their claim that the Citizenship Clause guarantees birthright citizenship.
  • The executive order, signed Jan. 20, directs agencies to deny recognition of citizenship to U.S.-born children without at least one parent who is a citizen or lawful permanent resident.
  • The ruling follows a July decision by the Ninth Circuit upholding an injunction, making multiple appellate courts that have concluded the policy likely contradicts the Constitution.
  • After the Supreme Court’s June ruling limiting universal injunctions, lower courts used state-led suits and class certification to preserve broad relief, which the First Circuit said remains warranted here.
  • The Justice Department has petitioned the Supreme Court to resolve the legality of the order in two cases, asking the justices to decide the issue during the new term.