Yet another federal judge has ruled against President Donald Trump’s executive order aimed at terminating birthright citizenship.
Immigration advocacy group CASA is suing the administration over the order, arguing that it violates the 14th Amendment and the Immigration and Nationality Act (INA). US District Judge Deborah Boardman agreed that the plaintiff is likely to win on the merits of the case because it “contradicts the plain language of the Fourteenth Amendment and conflicts with binding Supreme Court precedent.” Boardman further argued that “the government will not be harmed by an injunction that maintains the status quo of birthright citizenship.”
The injunction prohibits the State Department, Homeland Security Department, USCIS, Social Security Administration, and others from enforcing the executive order against children born after February 19, 2025.
Birthright Citizenship must end.
— Geiger Capital (@Geiger_Capital) August 5, 2025
It was meant for former slaves in the 1860s.
It clearly doesn’t work in the modern world when people from around the globe can cross oceans in hours and produce American citizens. pic.twitter.com/FzozFIQICK
CASA’s lawsuit challenges the executive order’s interpretation of the phrase, “subject to the jurisdiction thereof” to exclude children of non-citizens. The administration argues that these children are not fully under US jurisdiction. They also argue that the clause was specifically meant for the children of enslaved people who had been freed after the Civil War.
The Supreme Court issued a ruling in June determining that federal district courts do not possess the authority to issue nationwide injunctions that extend beyond the specific plaintiffs in a case. The majority opinion, authored by Justice Amy Coney Barrett, noted that broad injunctions are not authorized by Congress.
BREAKING: White House declares birthright citizenship unconstitutional.
— Financelot (@FinanceLancelot) January 28, 2025
"Illegal immigrants that come to this country and have a child, are not subject to the laws of this jurisdiction." pic.twitter.com/EJsiWWZruT
However, the high court did leave a loophole, allowing rulings on class action lawsuits that apply to a sweeping group of people. In this case, it would include the children of noncitizens. It also did not rule on the constitutionality of the executive order.
Ama Frimpong, legal director of CASA, lauded the judge’s ruling, saying it is “very positive and very affirming about what we’ve been saying all along: This executive order is plainly unconstitutional and no judge is going to let it come into play.”
The matter is still being litigated in court — and I believe this particular case will make it back to the Supreme Court at some point. This is especially true if Congress does not pass a law eliminating birthright citizenship before this happens.
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