Federal Judge Blocks Trump’s Birthright Citizenship Order

U.S. District Judge Leo Sorokin in Boston has blocked President Trump’s executive order aiming to end birthright citizenship for children of undocumented immigrants. This marks the fourth federal judge to halt the order, following similar injunctions in Maryland, Washington, and New Hampshire.

Key Points:

  1. Constitutional Guarantee: Judge Sorokin emphasized that the Constitution broadly guarantees birthright citizenship, including for those targeted by Trump’s directive.
  2. Nationwide Scope: The injunction is effective immediately and applies nationwide.
  3. 14th Amendment: Opponents argue the order violates the 14th Amendment, which grants citizenship to anyone born in the U.S. and subject to its jurisdiction.
  4. State Opposition: Democratic attorneys general from 18 states led the challenge, claiming Trump overstepped his authority and the order would harm state funding for essential services.

Legal Context:

  • Multiple Lawsuits: At least eight lawsuits have been filed against the order.
  • Administration’s Stance: The Trump administration argues children of noncitizens are not “under U.S. jurisdiction” and thus not entitled to citizenship.
  • Historical Precedent: The 1898 Supreme Court case United States v. Wong Kim Ark affirmed birthright citizenship, excluding only specific groups like children of diplomats or enemy occupiers.

Challenges to Revocation:

Revoking birthright citizenship would require overwhelming support—two-thirds of Congress and three-fourths of U.S. states—making it highly unlikely.

This ruling underscores the ongoing legal and constitutional battles over immigration policy in the U.S.