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1st Circuit Upholds Block on Trump's Birthright Citizenship Order

Published 4 October 2025

A federal appeals court in Boston on Friday upheld orders blocking President Donald Trump’s executive order that would withhold U.S. citizenship from children born on American soil to parents who are not U.S. citizens or lawful permanent residents. The 1st U.S. Circuit Court of Appeals said plaintiffs challenging the order are likely to succeed on their claims under the Citizenship Clause of the 14th Amendment and affirmed preliminary injunctions that keep the order from taking effect while litigation continues.

The three-judge panel concluded that longstanding legal precedent and the amendment’s text support birthright citizenship for the children described in the executive order. In its opinion the court noted historical efforts to limit birthright citizenship and urged caution about departing from established practice. The ruling adds to a string of federal decisions since June that have blocked enforcement of the order, making the 1st Circuit the fifth federal court to issue or uphold such relief.

Lower courts that have issued preliminary injunctions include U.S. District Judge Leo Sorokin in Boston, U.S. District Judge Joseph Laplante in New Hampshire and U.S. District...

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