Appellate court upholds Mass. judge’s ruling to protect birthright citizenship

The plaintiffs were likely to prove that the executive order violates the 14th Amendment’s citizenship clause, the judges ruled. Babies born on American soil receive American citizenship through the Constitution, Supreme Court precedent and statutory law.

Aidan McGloin

Oct 05, 2025 - 2 min read

A three-judge appellate panel on Oct. 3 upheld a Massachusetts judge’s July injunction that paused President Donald Trump’s suspension of birthright citizenship.

Trump’s Jan. 20 executive order ordered federal departments to not recognize the citizenship of children born in the United States, unless their father is a citizen or lawful resident, or the mother legally lives in the country. It has not gone into effect. On Feb. 5, Maryland District Judge Deborah Boardman paused the order. The U.S. Supreme Court overturned Boardman’s injunction on June 27. On July 25, Massachusetts District Judge Leo Sorokin paused the order, and the government appealed.

To enforce a preliminary injunction, plaintiffs must prove that they are likely to win the case, and suffer harm if the injunction was not issued. The appellate panel found proof of both.

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