Rick Scuteri

Trump’s ‘unconstitutional’ birthright citizenship order blocked a third time in major blow

Thomas Smith
3 Min Read

President Donald Trump’s effort to end birthright citizenship for children born in the U.S. to undocumented immigrants was blocked once again on Friday, marking the third time a federal judge has halted the administration’s move.

U.S. District Judge Leo Sorokin issued a ruling preventing the policy from taking effect, reaffirming a nationwide injunction that remains valid despite a recent U.S. Supreme Court decision limiting broad injunctions. Sorokin, an appointee of former President Barack Obama, cited a key exception in the Supreme Court’s ruling, noting that there was “no workable, narrower alternative” to prevent the legal and financial chaos that could follow enforcement of the policy.

The decision comes as the Trump administration presses forward with mass deportations and other immigration reforms, including its ongoing legal push to reinterpret the 14th Amendment.

States challenging the order say it not only violates the Constitution but also threatens critical federal funding tied to citizenship-based programs such as Medicaid and CHIP.

“The Court — aided substantially by the plaintiffs’ meticulous factual and legal submissions — undertook the review required by CASA and considered anew whether its original order swept too broadly,” Sorokin wrote in his 23-page ruling. “After careful consideration of the law and the facts, the Court answers that question in the negative.”

New Jersey Attorney General Matthew Platkin, who led the legal challenge, welcomed the ruling, saying he was “thrilled” the court again blocked what he called a “flagrantly unconstitutional” executive order.

Friday’s ruling aligns with two previous decisions—one by another district judge and one by an appellate panel—making it likely that the matter will return to the Supreme Court for a final determination.

Critics of President Trump’s order argue that the Constitution is clear: children born on U.S. soil are American citizens, regardless of their parents’ immigration status.

“American-born babies are American, just as they have been at every other time in our Nation’s history,” Platkin stated. “The President cannot change that legal rule with the stroke of a pen.”

The Trump administration maintains that children of undocumented immigrants are not “subject to the jurisdiction” of the United States and are therefore not eligible for automatic citizenship under the 14th Amendment—a claim that continues to face fierce legal resistance.

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