A federal appeals court delivered a legal setback to the Trump administration today, ruling that its effort to end birthright citizenship violates the United States Constitution.
In a unanimous decision, a three-judge panel of the 1st U.S. Circuit Court of Appeals rejected President Donald Trump’s executive order that sought to deny U.S. citizenship to children born on American soil unless at least one parent is a U.S. citizen or lawful permanent resident.
The court found the order in direct conflict with the 14th Amendment, which guarantees citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.”
Citing Clear Constitutional Protections
The 14th Amendment, ratified in 1868 following the Civil War, was intended to guarantee citizenship rights to former slaves and their descendants.
“But the length of our analysis should not be mistaken for a sign that the fundamental question these cases raise about the scope of birthright citizenship is a difficult one. It is not,” Barron wrote in the 100-page opinion.
“Which may explain why it has been more than a century since a branch of our government has made as concerted an effort as the Executive Branch now makes to deny Americans their birthright.”
Despite the judge’s assertion that the legal question is simple, the issue of birthright citizenship has long been debated. The phrase “subject to the jurisdiction thereof” has been debated for over a century, with some legal scholars and historians pointing out that it was never intended to apply to children of foreign nationals. In fact, transcripts from the 1866 Senate debates over the 14th Amendment include clear statements by lawmakers—such as Senator Jacob Howard, who helped draft the amendment—explaining that the clause would not apply to “foreigners, aliens, [or] those who belong to the families of ambassadors or foreign ministers.” These historical remarks suggest that the framers did not envision universal birthright citizenship for all born on U.S. soil, particularly those born to non-citizen, non-resident parents.
The Trump administration’s order, issued on January 20, 2025, Trump’s first day back in office, directed federal agencies to refuse recognition of citizenship for children born in the U.S. to non-citizen parents unless at least one parent held legal permanent residency or citizenship. The administration argued the 14th Amendment did not apply to children of illegal immigrants or non-resident aliens.
A Broader Legal Trend
Friday’s ruling marks the second major appellate court defeat for the administration on this issue. In July, the 9th U.S. Circuit Court of Appeals upheld a nationwide injunction blocking the policy, also citing the citizenship clause of the 14th Amendment.
In both cases, judges found the executive order to be unconstitutional and disruptive, warning that enforcing it would create legal chaos across the country, though immigration restrictionists argue that an incentive for illegal entry has already created plenty.
The 1st Circuit ruling upheld a February decision by U.S. District Judge Leo Sorokin, who sided with 18 Democrat-led states and the District of Columbia. Sorokin insisted that allowing the order to stand would result in a “patchwork” of inconsistent citizenship laws and pose serious challenges to states’ ability to provide essential services to children and families.
“The Government now asks us to reverse the preliminary injunctions in these cases. We see no reason to do so,” Barron concluded.
What Comes Next
The Trump administration is expected to appeal, continuing landmark legal battle over the meaning and reach of the 14th Amendment.
While critics have long accused Trump of pushing unconstitutional immigration measures, supporters argue that the framers of the 14th Amendment never intended to grant automatic citizenship to children of illegal immigrants.
If the Supreme Court declines to hear the case, the lower courts’ rulings would effectively cement birthright citizenship as a settled legal right for all children born in the United States — regardless of their parents’ immigration status.
READ NEXT: Second Federal Judge Blocks Trump Birthright Citizenship Order
Thats right. Just reward people for breaking the law. This is not what the amendment was meant for. Absolutely ridiculous ruling that smacks of liberalism for votes which is ALSO ILLEGAL!
Why didn’t you state that all three judges are democrats…this is a purely political opinion and does not address the key 14th amendment phrase “..subject to the jurisdiction therein”. SCOTUS will rule FOR President Trump. Your reporting is omitting basic facts and is biased towards liberalism. I’m going to unsubscribe!
Let’s clear this up once and for all.
It is time for a Constitutional Amendment.
Nearly if not all other Nations do not have Birthright Citizenship
In the mean time let’s keep all pregnant women out of the USA