Appeals Court Rules Trump Executive Order Unconstitutional
By Eli Sachs
The 1st U.S. Circuit Court of Appeals in Boston this Friday became the fifth court to uphold prior injunctions regarding President Trump’s Executive Order 14160, finding that plaintiffs are “exceedingly likely” to be successful in claiming it violates their 14th Amendment rights.
On January 20, 2025, President Donald Trump issued Executive Order 14160 “Protecting the Meaning and Value of American Citizenship”. The order denied citizenship to babies born in the United States after February 19, 2025 unless at least one parent is a U.S. citizen or lawful permanent resident, challenging over 125 years of legal precedent.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” (U.S. Const. amend. XIV, § 1)
Almost immediately, the order faced lawsuits from states, immigrant rights organizations, and affected families. Federal judges in multiple jurisdictions quickly issued preliminary injunctions, blocking implementation and keeping birthright citizenship protections intact while legal challenges proceed.
Subscribe to Stateline Press
Sources
“First Circuit Rebukes Trump’s Birthright Citizenship Order as Unconstitutional - Democracy Docket.” 2025. Democracy Docket. October 3, 2025. _Casey, Michael. 2025. “Appeals Court Rules Against Trump’s Birthright Order | AP News.” AP News. October 3, 2025. https://apnews.com/article/birthright-citizenship-ruling-appeals-trump-immigration-70632486a2ae41f7c98d97b1f7399368.
Raymond, Nate. 2025. “Second Appeals Court Upholds Birthright Citizenship, Rebuffing Trump.” USA TODAY, October 3, 2025. https://www.usatoday.com/story/news/politics/2025/10/03/second-us-appeals-court-upholds-birthright-citizenship/86505320007.
U.S. Const. amend. XIV, § 1