By Ben Wisniewski

March 2025 has proven to be a defining moment in the ongoing legal battle over birthright citizenship in the United States. Following a controversial executive order issued by President Donald Trump in January 2025, which sought to deny automatic U.S. citizenship to children born on American soil to parents without legal status (or with temporary no-immigrant visa status), multiple federal courts have stepped in to block enforcement of the order. These legal setbacks have culminated in the Trump administration's emergency appeal to the U.S. Supreme Court.

At the heart of the controversy is the long-established interpretation of the Fourteenth Amendment's Citizenship Clause, which grants citizenship to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof." The Trump administration argues that this provision has been misinterpreted to include children born to undocumented immigrants or non-citizen temporary visitors. The administration’s executive order, issued on January 20, 2025, sought to change that understanding by denying citizenship to such children born after February 19, 2025.

Wave of Court Rulings Against the Executive Order

Since the issuance of the executive order, three major appellate court decisions have dealt blows to the administration’s efforts:

1. Ninth Circuit Ruling – February 19, 2025

The first major appellate decision came from the Ninth Circuit Court of Appeals, which considered an appeal from the federal government in State of Washington v. Trump. The states of Washington, Arizona, Illinois, and Oregon had quickly sued to block the executive order, and a district court granted a temporary restraining order on January 23.

The Trump administration argued for lifting the order, claiming that the policy fell within the president’s authority over immigration. However, on February 19, a panel of the Ninth Circuit unanimously upheld the injunction, concluding that the plaintiffs were likely to succeed on the merits and that the Fourteenth Amendment clearly protected the rights of children born in the U.S., regardless of their parents’ immigration status.

2. Fourth Circuit Ruling – March 5, 2025

A second appellate setback followed in CASA Inc. v. Trump, a lawsuit brought inMaryland by immigrant advocacy organizations. On February 5, U.S. District Judge Deborah Boardman issued a nationwide preliminary injunction, arguing that the executive order directly contradicted the “plain language and settled meaning” of the Fourteenth Amendment, citing the landmark 1898 Supreme Court case United States v. Wong Kim Ark.

On March 5, the Fourth Circuit Court of Appeals upheld the injunction, echoing concerns that the executive order represented a significant departure from over a century of constitutional interpretation. The court emphasized that the Constitution “does not condition birthright citizenship on the immigration status of the parents,” and reaffirmed the judiciary’s role in guarding constitutional rights from executive overreach.

3. First Circuit Ruling – March 11, 2025

The third appellate defeat occurred in the First Circuit, in a case led by New Jersey and joined by 17 other states. U.S. District Judge Leo Sorokin had previously blocked the order in February, and the Trump administration appealed. On March 11, the First Circuit became the third appellate court to reject the administration’s position, stating that the executive order “plainly contravenes settled constitutional doctrine.”

The court also highlighted the danger of such a policy being enforced without clear congressional authorization or judicial precedent, and warned that the executive order could result in the creation of a permanent underclass of stateless children.

Trump Administration Turns to the Supreme Court

Faced with mounting legal defeats, the Trump administration filed an emergency application with the U.S. Supreme Court on March 13, 2025, requesting that the nationwide injunctions be lifted or at least limited in scope. Acting Solicitor General Sarah Harris argued that the broad injunctions improperly blocked the federal government from implementing immigration policy and overstepped judicial authority by applying to jurisdictions not directly involved in the lawsuits.

The administration also reiterated its legal theory that the Citizenship Clause does not guarantee automatic citizenship to all individuals born on U.S. soil, especially if their parents are in the country unlawfully or temporarily. Critics have warned that this interpretation would mark a radical shift in constitutional doctrine and threaten the principle of jus soli (right of the soil), which has been the bedrock of American citizenship law for more than 125 years.

As of this writing, the Supreme Court has not yet indicated whether it will take up the case, but the stakes could not be higher. If the Supreme Court chooses to hear the appeal, it would revisit one of the most significant constitutional questions in American history and potentially make a radical departure from previously settled law.

About Attorney Bennett Wisniewski

Attorney Bennett Wisniewski is a Senior Attorney at Attorney at Zhang & Associates, PC. With over 18 years of experience in business immigration law, he has successfully handled hundreds of immigration cases, including EB1A, EB1B, NIW, O-1 visa, and Adjustment of Status or Consulate Processing cases.
For more information about legal services, please contact Attorney Bennett Wisniewski at bwisniewski@hooyou.com.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

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(03/28/2025)