Multiple federal judges have blocked an executive order by United States President Donald Trump that sought to end automatic U.S. citizenship for children born to noncitizen parents. The rulings set the stage for a major legal battle over birthright citizenship, a principle rooted in the U.S. Constitution.
Judges reject Trump’s order
On Monday (Feb. 10, 2025), U.S. District Judge Joseph N. Laplante in New Hampshire became the latest to issue an injunction against the order, following similar rulings by judges in Seattle and Maryland last week.
Laplante, appointed by former President George W. Bush, stated that the Trump administration’s reasoning did not convince him and that he would release a detailed explanation later.
BREAKING: Federal Judge Joseph Laplante of New Hampshire, a George W. Bush appointee, has blocked Donald Trump’s unconstitutional executive order attempting to end birthright citizenship—becoming the third judge to do so. pic.twitter.com/QeP9cW1L1D
— Republicans against Trump (@RpsAgainstTrump) February 10, 2025
His decision adds to growing judicial opposition against the order, which has sparked at least nine lawsuits countrywide.
“The rule of law is, according to him, something to navigate around or something ignored, whether that be for political or personal gain,” U.S. District Judge John C. Coughenour wrote last week in a ruling from Seattle, where four states had filed a lawsuit. Coughenour, a Reagan appointee, emphasized that the Constitution must be upheld in his courtroom.
BREAKING NEWS:
Judge John Coughenour came out with the following statement after issuing a preliminary injunction on Trumps executive order for ending birthright citizenship.
“It has become ever more apparent that to our president, the rule of law is but an impediment to his… pic.twitter.com/d9Le94Kmck
— CALL TO ACTIVISM (@CalltoActivism) February 9, 2025
Meanwhile, in Maryland, U.S. District Judge Deborah Boardman, appointed by President Joe Biden, also blocked the order. The Trump administration has not yet appealed her ruling.
In Boston, U.S. District Judge Leo Sorokin, appointed by former President Barack Obama, heard arguments in another lawsuit filed by 18 states but has not yet issued a decision.
Legal challenge led by civil rights groups
The American Civil Liberties Union (ACLU) is leading one of the major lawsuits against the order, arguing that it violates the 14th Amendment. The case was filed on behalf of immigrant rights groups, including pregnant women concerned that their children could be denied citizenship.
The @ACLU has just sued over the birthright citizenship executive order issued today pic.twitter.com/OnHA8wSZtG
— lomikriel (@lomikriel) January 21, 2025
“For people out there feeling scared or confused right now, I would just say that this is a right that’s enshrined in the Constitution itself as well as in federal statute,” Cody Wofsy, deputy director of the ACLU Immigrants’ Rights Project, said outside the courthouse.
Trump administration defends policy, appeals Seattle ruling
The Trump administration has argued that children born in the U.S. to noncitizens are not automatically entitled to citizenship because they are not fully under U.S. jurisdiction. While administration lawyers declined to comment on the ongoing legal battles, officials have filed an appeal against the Seattle ruling.
Constitutional and historical precedent
The 14th Amendment, ratified in 1868, grants citizenship to all individuals born in the United States and is at the core of the legal dispute. The amendment was partly a response to the Supreme Court’s 1857 Dred Scott decision, which had denied citizenship to an enslaved man despite his residence in a free state.
A key legal precedent was set in 1898 in United States v. Wong Kim Ark, when the Supreme Court ruled that nearly all children born on U.S. soil are citizens, with exceptions only for children of foreign diplomats, enemy forces, those born on foreign ships, and members of sovereign Native American tribes.
The United States remains one of about 30 countries that grant citizenship based on birth location, a policy known as jus soli, or “right of the soil.” Many other nations in the Americas, including Canada and Mexico, follow the same principle.
Legal battle continues
The legal battle is far from over, even as court rulings pile up against Trump’s order. The administration’s appeal in Seattle may eventually reach the Supreme Court, where a final decision could shape U.S. citizenship laws for the coming generations.