The First Circuit Court of Appeals (Opinion by Chief Judge David J. Barron) has affirmed a preliminary injunction to stop enforcement and implementation of President Trump’s Executive Order seeking to limit birthright citizenship. The Order would deny citizenship to children born in the U.S. if their fathers are not U.S. citizens or lawful permanent residents and their mothers are in the country either unlawfully or temporarily. The District Court in Massachusetts had previously issued preliminary injunctions in two separate suits.
The analysis, the Court said, “is necessarily lengthy, as we must address the parties’ numerous arguments in each of the cases involved. But the length of our analysis should not be mistaken for a sign that the fundamental question that these cases raise about the scope of birthright citizenship is a difficult one. It is not, which may explain why it has been more than a century since a branch of our government has made as concerted an effort as the Executive Branch now makes to deny Americans their birthright.” (Doe v. Trump, First Cir. Ct. of Apps., No.25-1169, 10/3/25.)
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