A three-judge panel of the Boston-based 1st US Circuit Court of Appeals declared President Donald Trump’s executive order on birthright citizenship unconstitutional. This ruling upholds nationwide injunctions from Democratic-led states and immigrant rights groups. It marks the second appeals court defeat for Trump’s hardline immigration policy, which now heads toward the US Supreme Court.
The order, signed on January 20, 2025, Trump’s first day in office, directs agencies to deny citizenship to U.S.-born children without at least one parent who is a citizen or green card holder. The court blocked its nationwide enforcement, echoing a July 2025 decision by the San Francisco-based 9th Circuit.
US Circuit Judge David Barron, writing for the panel, ruled the order violates the 14th Amendment’s citizenship clause: “All persons born or naturalised in the United States… are citizens.” Barron noted the 100-page opinion’s length does not signal doubt. “It is not difficult,” he wrote. “No branch of government has made such a concerted effort to deny birthright citizenship in over a century.”
A federal appeals court in Boston ruled on Friday that the Trump administration cannot withhold citizenship from children born to people in the country illegally or temporarily, adding to the mounting legal setbacks for the president's birthright order. https://t.co/cFq7bSAOaa
— The Washington Times (@WashTimes) October 4, 2025The judges, all Democratic appointees, reviewed blocks from District Judges Leo Sorokin in Boston and Joseph Laplante in New Hampshire. Both lower courts halted the policy earlier in 2025.
White House spokesperson Abigail Jackson called the ruling a misinterpretation of the 14th Amendment. “We look forward to vindication by the Supreme Court,” she said. The administration appealed a similar 9th Circuit decision last week, seeking review in the 2025-26 term, which begins on October 6.
This follows a June 2025 Supreme Court ruling that limited nationwide injunctions but did not address the merits of the order. Lower courts, including Sorokin and Laplante, reaffirmed the use of class actions, as the high court suggested.
Trump’s order fulfils a campaign promise to end birthright citizenship for children of undocumented immigrants. Critics argue it contradicts over 150 years of precedent. Supporters claim it addresses “birth tourism” and chain migration.
The fate of the policy could reshape US citizenship. If upheld by the Supreme Court, it might affect millions. For now, injunctions prevent enforcement nationwide.
