Key Points
- A federal judge issued a preliminary injunction against President Trump’s executive order restricting birthright citizenship.
- The order, signed on January 20, 2025, sought to deny birthright citizenship to children born in the US to parents without permanent legal status.
- The injunction will remain in effect until a final ruling is made or an appeals court overturns it.
- According to the judge, the executive order conflicts with the 14th Amendment and Supreme Court precedent.
- Additional lawsuits challenging the executive order, including cases from 22 states, remain ongoing.
Overview
On February 5, 2025, US District Judge Deborah L Boardman issued a nationwide preliminary injunction blocking the enforcement of President Trump’s executive order restricting birthright citizenship. This ruling extends a previous 14-day hold on the order and prevents it from taking effect while legal challenges continue. Judge Boardman emphasized that the executive order contradicts the plain text of the 14th Amendment and longstanding Supreme Court precedent, stating that US citizenship by birth has been a fundamental principle for over 250 years.
The executive order, issued on President Trump’s first day in office, aimed to redefine birthright citizenship by excluding children born in the US to at least one parent who does not have permanent legal status. The policy would have applied to individuals born on or after February 19, 2025. Legal experts and advocacy groups immediately filed lawsuits challenging the order, arguing that it violates constitutional protections and established case law.
This is the second time a federal court has intervened to prevent the executive order from being implemented. An earlier injunction issued in Washington placed a temporary 14-day hold on the order, which was set to expire on February 6, 2025. Judge Boardman’s ruling effectively extends this block, ensuring that birthright citizenship remains unchanged for the foreseeable future.
Looking Ahead
Legal challenges to the executive order will continue in the coming months. Multiple lawsuits, including cases brought by 22 states, remain in progress. While the preliminary injunction prevents the order from taking effect, the federal government may seek an appeal. If higher courts overturn the injunction, the policy could still be enforced in the future.
Advocacy groups, civil rights organizations, and state governments opposing the executive order will likely continue to argue for its permanent invalidation, citing constitutional protections and established judicial precedent. The legal battle over birthright citizenship is poised to become a landmark case in US immigration law, with potential implications for citizenship policies and executive power.
Employers, immigration professionals, and individuals affected by the policy should stay informed about upcoming court rulings and any potential changes in birthright citizenship regulations.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIP client, consult another qualified professional. This website does not create an attorney-client relationship with CIP.
