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Judge Keeps Ban on Born-U.S.-Citizenship Rule

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July 26, 2025
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A federal judge in Massachusetts has upheld a nationwide injunction issued earlier this year that blocks President Donald Trump’s executive order on birthright citizenship. U.S. District Judge Leo Sorokin, based in Boston, ruled that his initial nationwide ban is the only way to fully protect Democratic-led states from potential harm caused by the executive order.

Sorokin stated in his written ruling that evidence presented does not support a narrower injunction. He rejected the Trump administration’s argument that a more limited ruling was appropriate due to a recent Supreme Court decision. The White House and Department of Justice did not respond immediately to requests for comment.

New Jersey Attorney General Matthew J. Platkin, a Democrat, expressed satisfaction with the court’s decision: “American-born babies are American, just as they have been throughout our nation’s history. The president cannot change that legal rule by executive order.”

In June, the Supreme Court ruled on litigation regarding Trump’s birthright citizenship order. It limited judges’ ability to issue so-called “universal” injunctions — where a single district court judge blocks a federal policy nationwide. However, the ruling allowed exceptions for blocking such policies across the country again.

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In a unique start to his ruling against President Donald Trump’s administration on September 30, U.S. District Court Judge William Young included a scanned handwritten note sent to his office. The note read: “Trump has pardons and tanks – what do you have?” At the top of Young’s opinion in AAUP v. Rubio, which ruled that Trump’s effort to deport foreign-born student protesters was unconstitutional.

October 8, 2025

Following this, a New Hampshire judge issued an injunction against Trump’s order in a nationwide class action involving children who would be denied citizenship under the policy. A federal appeals court in California also blocked the executive order on the grounds that it violates the U.S. Constitution’s 14th Amendment, which grants citizenship to people born in the United States.

Trump signed the executive order on January 20, his first day back in office, as part of a crackdown on immigration. The order directed federal agencies to deny citizenship to U.S.-born children if they do not have at least one parent who is an American citizen or a lawful permanent resident (green card holder).

The executive order was challenged by Democratic attorneys general from 22 states and immigrant rights advocates, who argued it was unconstitutional. Last week, the states argued before Sorokin that a nationwide injunction was essential to avoid confusion among immigrant parents and a potential surge of people moving to states where the order is on hold.

The Justice Department contended that the states had not fully accepted the Supreme Court’s decision by continuing to seek universal relief.

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