A federal judge on Friday halted President Donald Trump’s attempt to end birthright citizenship for children born in the U.S. to parents who are in the country illegally or temporarily.
U.S. District Judge Leo Sorokin ruled that the nationwide injunction he issued earlier this year—protecting more than a dozen states from the executive order—will remain in place, despite a recent U.S. Supreme Court decision that sought to restrict the use of such broad injunctions by lower courts.
“The Executive Order is unconstitutional,” Sorokin wrote, acknowledging that while the administration is entitled to pursue its legal interpretation of the Fourteenth Amendment, the policy cannot take effect during ongoing litigation.
Trump Order Faces Multiple Legal Setbacks
President Trump signed the controversial birthright citizenship executive order on his first day in office this January, as part of a broader immigration agenda. The order asserts that children born on U.S. soil to parents in the country unlawfully or on temporary visas are not “subject to the jurisdiction” of the United States and therefore not eligible for citizenship.
But courts have consistently rejected that argument.
Just this week, the Ninth Circuit Court of Appeals upheld Sorokin’s nationwide injunction, and earlier this month, a federal judge in New Hampshire issued a separate ruling blocking the order’s implementation nationwide in a new class-action lawsuit.
Birthright Citizenship at Center of Constitutional Battle
The lawsuits argue that the 14th Amendment clearly guarantees citizenship to “all persons born or naturalized in the United States,” regardless of parental immigration status. Plaintiffs also contend that ending birthright citizenship could jeopardize millions in state funding tied to citizenship-based eligibility for health and social services.
“This is about more than just constitutional rights,” one plaintiff attorney said. “It’s about children’s access to essential care, and the federal government attempting to strip that away with the stroke of a pen.”
Despite the judicial roadblocks, the Trump administration is expected to continue pressing the case to the Supreme Court, which may ultimately decide the fate of the policy.
Ongoing Protests and Public Backlash
Demonstrators have rallied outside the U.S. Supreme Court in Washington, D.C., including immigrant families and advocates concerned about the order’s sweeping impact.
One protester, Olga Urbina, stood outside the court with her 9-month-old son, calling the executive order “a direct attack on our children.”