1st Circuit Upholds Order Blocking Trump’s Birthright Citizenship Order

The U.S. Court of Appeals for the First Circuit joined the Ninth Circuit in rejecting the government’s bid to lift a preliminary injunction blocking enforcement of the executive order.

The First Circuit Court of Appeals has upheld a lower court's order blocking former President Donald Trump's executive order on birthright citizenship. The October 3, 2025, ruling was another legal setback for the policy, which has been consistently blocked in federal courts. The matter is expected to be decided by the Supreme Court.

The Executive Order

The executive order, titled "Protecting the Meaning and Value of American Citizenship," was signed by Trump on January 20, 2025, and directs federal agencies to reinterpret the Citizenship Clause of the 14th Amendment.

The order aims to deny automatic U.S. citizenship to children born in the country if their parents are undocumented immigrants or on certain temporary visas.

The First Circuit's decision

Constitutional interpretation: The appeals court panel unanimously concluded that the plaintiffs are likely to succeed on their claims that the children described in the order are entitled to birthright citizenship under the 14th Amendment.

Established tradition: The court's opinion cited centuries of judicial precedent, including the 1898 Supreme Court case United States v. Wong Kim Ark, which established birthright citizenship for children born on U.S. soil.

Injunction upheld: The panel upheld the preliminary injunctions issued by lower courts, keeping the policy blocked nationwide while legal challenges proceed.

Second appeals court

The ruling followed a similar decision by the Ninth U.S. Circuit Court of Appeals in July 2025, making the First Circuit the second appellate court to reject the order.

What happens next

Supreme Court review: The Trump administration has asked the Supreme Court to review the constitutionality of the executive order. The high court is widely expected to take up the case.

Previous Supreme Court action: The issue has been before the Supreme Court once already, in a June 2025 decision where the justices limited the ability of lower courts to issue nationwide injunctions. However, that ruling did not decide on the merits of the birthright citizenship policy itself.

Future decision: A final ruling from the Supreme Court would settle the constitutional debate over the executive order. If the court takes up the case without expediting it, a decision is likely in late June or early July 2026.