A judge has ruled in favor of plaintiffs challenging President Donald Trump's birthright citizenship executive order, effectively blocking it, citing the "very likely" risk of leaving "permanent scars" on families.
Newsweek reached out to the White House via email Thursday for comment.
Why It Matters
The Fourteenth Amendment grants United States citizenship to those born on U.S. soil and was adopted in 1868. Trump challenged this in his executive order, saying that "the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not 'subject to the jurisdiction thereof.'"
After Trump's inauguration on January 20, 2025, he issued an executive order called "Protecting the Meaning and Value of American Citizenship," in which he said his policy would not recognize U.S. citizenship to those born in the country if their mother "was unlawfully present in the United States and the person's father was not a United States citizen or lawful permanent resident."
The order also says the U.S. would not issue documentation of citizenship if "that person's mother's presence in the United States was lawful but temporary, and the person's father was not a United States citizen or lawful permanent resident" at the time of birth.
Since issuing the order, Trump has faced many legal setbacks, as federal judges have blocked it.
What To Know
On Thursday, United States District Judge Leo T. Sorokin of Massachusetts said that losing birthright citizenship "has cascading effects" and could leave "permanent scars." Judge Sorokin also said what is at stake for the plaintiffs challenging Trump's order is "a bedrock constitutional guarantee."
The judge ultimately sided with the plaintiffs, granting them an injunction and blocking Trump's order.
Earlier this week, Trump said he plans to appeal the rulings from federal judges, The Associated Press reported.
What People Are Saying
New York Attorney General Letitia James, a frequent Trump critic, Thursday on X, formerly Twitter: "We just won a court order blocking President Trump's hateful and unlawful executive order on birthright citizenship. Birthright citizenship is a constitutional right and no President can solely rewrite our Constitution. We will continue to fight to preserve our rights."
California Attorney General Rob Bonta, Thursday on X: "#BREAKING: We secured a ruling blocking the Trump Admin's unlawful birthright citizenship order. President Trump may believe that he is above the law, but this injunction sends a clear message: he cannot rewrite the Constitution with the stroke of a pen."
Former Palm Beach County State Attorney Dave Aronberg told Newsweek via X on Thursday: "This is a judicial no brainer. The 14th Amendment says what it says, and if you fashion yourself an 'originalist,' as most conservative judges do, then Trump has no chance repealing birthright citizenship via executive order."
Iowa Attorney General Brenna Bird, on X earlier this month: "President Trump is right: we must restore the meaning and value of American citizenship. I'm glad to lead 18 states in defending President Trump's executive order in court! No one should be rewarded for breaking the law."
What Happens Next
It is unknown if Trump's legal team will also appeal this ruling as his first 100 days in office unfold.
Update 2/13/25, 4:50 p.m. ET: This article was updated with additional information, including comment from Dave Aronberg.
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About the writer
Anna Commander is a Newsweek Editor and writer based in Florida. Her focus is reporting on crime, weather and breaking ... Read more