Court in the United States Affirms Decision Against Trump's Directive on Birthright Citizenship
President Trump's executive order on birthright citizenship, titled "Protecting the Meaning and Value of American Citizenship," aimed to exclude infants born in the U.S. to parents who are unlawfully present or temporarily authorized, such as those with visas, from obtaining U.S. citizenship. The order directed federal agencies to withhold birthright citizenship documentation like Social Security cards and passports for these children.
However, the order has faced significant legal challenges and is currently blocked nationwide. Multiple federal courts have issued injunctions preventing its enforcement, including a prominent ruling from a federal court in New Hampshire in the case of Barbara v. Donald J. Trump, which certified a nationwide class protecting all children born on U.S. soil who would be affected.
The courts have generally ruled that the order likely violates the 14th Amendment, which guarantees birthright citizenship. Ongoing court cases, such as CASA v. Trump, continue to challenge the order, keeping it from going into effect at present. The legal battles involve immigrant rights groups and several states, and the situation remains fluid with ongoing litigation aiming to prevent the order’s implementation.
In a recent decision, a federal appeals court upheld an injunction against President Trump's executive order on birthright citizenship. The court found that the order contradicts the plain language of the 14th Amendment's grant of citizenship. The majority criticized the Trump administration's approach to the case, stating that they did not engage seriously with the question of birthright citizenship.
California Attorney General Rob Bonta has framed the court's decision as a significant victory against the Trump administration. He has stated that they will continue to fight to ensure the unconstitutional, anti-American executive order is blocked for good. The injunction remains in place as the litigation continues.
The 48-page opinion found that the executive order likely violates the U.S. Constitution. The court rejected the U.S. Department of Justice's argument that "subject to the jurisdiction thereof" does not necessarily include all persons born on American soil. The majority of the court praised the plaintiffs for their persuasive legal arguments and formidable evidentiary showing.
As of August 2025, Trump’s birthright citizenship executive order is legally enjoined from enforcement nationwide, with ongoing court cases actively protecting affected children’s citizenship rights and challenging the constitutional basis of the order. The decision does not recognize the citizenship of those born in some states but not others, reaffirming the principle of equal citizenship for all individuals born in the United States.
1) The legal challenges surrounding President Trump's executive order on birthright citizenship, which targets infants born in the U.S. to unlawfully present or temporarily authorized parents, have led to significant court decisions like the one in CASA v. Trump, that continue to uphold injunctions against its enforcement.
2) Multiple federal courts, including the federal appeals court in a recent decision, have ruled that Trump's executive order on birthright citizenship likely violates the 14th Amendment, which guarantees citizenship to all individuals born in the United States, regardless of the citizenship or immigration status of their parents.
