Overview

• A three-judge First Circuit panel affirmed a nationwide preliminary injunction, finding the administration’s effort to curb birthright citizenship likely violates the Fourteenth Amendment and longstanding precedent including Wong Kim Ark.
• The 100-page opinion said the core legal question is not difficult and rejected the government’s reading of the Citizenship Clause as excluding children of undocumented or temporary visitors.
• The Ninth Circuit in July also upheld an injunction, and several district courts have imposed class-based or nationwide relief, leaving the order blocked across the country.
• The Justice Department has filed two petitions asking the Supreme Court to review the merits this term, after a June ruling narrowed universal injunctions without deciding the citizenship question.
• Trump’s January 20 executive order directs agencies not to recognize U.S. citizenship for U.S.-born children lacking at least one citizen or lawful permanent resident parent, a change states and cities say would cause administrative chaos and harm affected families.