Judges Unanimously Reject Trump's Attempt to End Birthright Citizenship

Federal courts have blocked the president's executive order, citing the 14th Amendment and Supreme Court precedent.

Apr. 1, 2026 at 2:58am

Got story updates? Submit your updates here. ›

Federal courts have uniformly blocked President Donald Trump's order seeking to end birthright citizenship for children born in the United States to someone in the country illegally or temporarily. Judges have cited the 14th Amendment, a 126-year-old Supreme Court decision, and the nation's long-standing tradition of recognizing birthright citizenship in ruling that Trump's order is likely unconstitutional.

Why it matters

The issue of birthright citizenship has been a contentious political topic, with the Trump administration seeking to limit it as part of a broader crackdown on immigration. The federal court rulings against Trump's order affirm the constitutional protections for birthright citizenship and reject the administration's attempts to restrict it.

The details

Trump's executive order was part of his administration's efforts to curb immigration, though the citizenship restrictions have never taken effect. Federal judges in New Hampshire, Maryland, California, and Massachusetts have all ruled that the order likely violates the 14th Amendment and long-standing Supreme Court precedent, such as the 1898 case United States v. Wong Kim Ark. The judges have argued that the order's proposed interpretation of the Citizenship Clause is 'contrary to the express language of the Constitution' and 'contrary to justice.'

  • In July 2026, a federal judge in New Hampshire ruled that Trump's order 'likely violates the Fourteenth Amendment of the Constitution.'
  • In August 2026, a federal judge in Maryland reaffirmed her initial ruling that the executive order is unconstitutional.
  • In July 2026, a federal appeals court in California ruled that the order's proposed interpretation is 'contrary to the express language of the Constitution, the reasoning of Wong Kim Ark, Executive Branch practice for the past 125 years, the legislative history to the extent that should be considered, and because it is contrary to justice.'

The players

Donald Trump

The former president who issued the executive order seeking to end birthright citizenship.

Sonia Sotomayor

A liberal Supreme Court justice who has made clear she believes Trump's order should be struck down.

Elena Kagan

A liberal Supreme Court justice who has joined Sotomayor in dissenting against the court's conservative majority on this issue.

Ketanji Brown Jackson

A liberal Supreme Court justice who has also joined Sotomayor and Kagan in opposing Trump's birthright citizenship order.

Amy Coney Barrett

A conservative Supreme Court justice who wrote the majority opinion in a related case, but noted that the birthright citizenship issue was not before the court.

Got photos? Submit your photos here. ›

What they’re saying

“'With the stroke of a pen, the President has made a 'solemn mockery' of our Constitution,'”

— Sonia Sotomayor, Supreme Court Justice

“'The Fourteenth Amendment guarantees birthright citizenship,'”

— Sonia Sotomayor, Supreme Court Justice

“'The Executive Order likely violates the Fourteenth Amendment of the Constitution'”

— Joseph N. LaPlante, U.S. District Judge in New Hampshire

“'The Executive Order attempts to qualify and limit the plain language of the Constitution's citizenship clause, which by its terms only says that a person born in the United States and subject to its jurisdiction is a citizen, by adding the notion that the person must be a child of a citizen or lawful permanent resident. … We reject this approach because it is contrary to the express language of the Citizenship Clause, the reasoning of Wong Kim Ark, Executive Branch practice for the past 125 years, the legislative history to the extent that should be considered, and because it is contrary to justice.'”

— Ronald Gould, Judge, U.S. Court of Appeals for the 9th Circuit

“'Our nation's history of efforts to restrict birthright citizenship … has not been a proud one.'”

— David Barron, Judge, U.S. Court of Appeals for the 1st Circuit

What’s next

The Supreme Court is currently hearing arguments in the Trump administration's appeal of the federal judge's ruling in New Hampshire that found the executive order likely unconstitutional. A decision is expected by the end of the court's current term.

The takeaway

The federal court rulings against Trump's attempt to end birthright citizenship affirm the strong constitutional protections for this long-standing American principle, despite the administration's efforts to restrict it as part of a broader crackdown on immigration.