Former President Donald Trump’s controversial executive order aimed at ending birthright citizenship faced another setback this month, as multiple federal judges continued to block its enforcement—despite a recent Supreme Court decision that might have allowed it to move forward.
The executive order, signed on January 20 and titled “Protecting the Meaning and Value of American Citizenship,” stated that the U.S. government would stop issuing citizenship documents to children born on American soil to undocumented immigrants or those in the country temporarily. Trump’s administration argued this was necessary to protect the integrity of American citizenship, but courts have consistently ruled against the policy.
Lower Courts Reinforce Nationwide Injunctions
Though a recent Supreme Court ruling restricted the use of broad, nationwide injunctions, lower courts have not interpreted that decision as a green light for Trump’s order. Instead, they’ve doubled down on halting its implementation.
Earlier this month, a federal judge in New Hampshire blocked the order entirely through a class-action lawsuit filed by the American Civil Liberties Union. This ruling still stands, and the Justice Department has not filed an appeal.
Adding to the administration’s frustration, the 9th U.S. Circuit Court of Appeals ruled that a nationwide injunction imposed by a Seattle judge earlier this year was justified. The court stated the injunction was necessary to provide complete relief to states affected by the order. In its 2-1 decision, the court not only upheld the injunction but also concluded that the executive order itself was unconstitutional—potentially opening the door for the issue to return to the Supreme Court.
Uncertainty Over Enforcement Timeline
Further complicating matters, U.S. District Judge Leo Sorokin in Boston reinforced that his prior nationwide block on the order should remain in place. He noted that narrowing it would not protect against the widespread harm expected by over a dozen state attorneys general and city governments if the order were allowed to proceed. Sorokin reaffirmed his stance that the policy violates both the Constitution and established federal law.
The Justice Department, for its part, has been vague in court about what would happen once the 30-day period following the Supreme Court’s ruling expires. When pressed, DOJ attorney Eric Hamilton described the legal situation as “unusual,” offering little clarity on how or when enforcement might begin.
Constitutional and Legal Barriers Remain
The executive order’s central legal hurdle stems from the 14th Amendment and the landmark 1898 Supreme Court case United States v. Wong Kim Ark, which affirmed that children born in the U.S., regardless of their parents’ immigration status, are entitled to citizenship. Legal experts argue that Trump’s order contradicts this well-established precedent.
Jessica Levinson, a constitutional law professor at Loyola Law School, said the administration’s legal strategy was deliberate—focusing on the scope of judicial remedies rather than the core constitutionality of the order. This, she explained, was part of a broader effort to limit the judiciary’s ability to halt executive actions nationwide.
With additional lawsuits pending, including a revived class-action case in Maryland, further challenges to Trump’s policy are likely. While the Supreme Court permitted the administration to draft guidelines for how the policy would be executed, no public details have emerged—leaving its future increasingly uncertain.
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