Federal Court Blocks Trump’s Birthright Citizenship Ban in Multistate Lawsuit

TRENTON – New Jersey Attorney General Matthew J. Platkin and a coalition of 13 other attorneys general, along with the City of San Francisco, have secured a preliminary injunction from a federal judge blocking President Donald Trump’s executive order aimed at terminating birthright citizenship. The decision by Judge Leo Sorokin in the U.S. District Court for Massachusetts prevents the Trump Administration from stripping citizenship from children born on American soil, preserving a fundamental right guaranteed by the Fourteenth Amendment and upheld repeatedly by the Supreme Court.

“President Trump may believe that he is above the law, but today’s preliminary injunction sends a clear message: He is not a king, and he cannot rewrite the Constitution with the stroke of a pen.

“The President and his allies made clear long before he was sworn in that they would pursue this illegal action, and our coalition was prepared to challenge it as soon as President Trump fulfilled this unconstitutional campaign promise on Inauguration Day.

“We immediately stood up for our Constitution, for the rule of law, and for American children across the country who would have been deprived of their constitutional rights – and today we delivered for them. This is not yet over, and we will continue to fight every single step of the way until President Trump is permanently prevented from trampling on the Fourteenth Amendment rights of all Americans.” - Statement from the Multistate Coalition

The Lawsuit and Preliminary Injunction

In late January, President Trump issued an executive order claiming to end birthright citizenship, a principle enshrined in the Fourteenth Amendment of the U.S. Constitution. Alarmed by the measure’s impact on hundreds of thousands of families, a multistate coalition led by Attorney General Platkin filed suit in Massachusetts federal court, seeking both to invalidate the order and enjoin the administration from implementing it. This newly granted preliminary injunction ensures the status quo remains while the lawsuit proceeds.

“I am thrilled that the court has granted the states’ request for a preliminary injunction against the Trump administration’s unconstitutional executive order, which attempted to terminate birthright citizenship. This victory is a part of a larger battle, and I trust Attorney General Platkin will continue to confront unlawful actions taken by this Administration. In New Jersey, we will remain steadfast in our efforts to preserve the fundamental rights afforded to us by our nation’s Constitution.” - New Jersey Governor Phil Murphy

Significance of Birthright Citizenship

Birthright citizenship predates the Civil War and was codified in the post-war adoption of the Fourteenth Amendment—an essential correction after the Supreme Court’s infamous Dred Scott ruling. This constitutional guarantee states that all children born in the United States are citizens, regardless of their parents’ immigration status. Over the years, Supreme Court rulings have consistently upheld this right. By attempting to deny automatic citizenship to babies born in the U.S., the Trump Administration’s order would:

• Threaten Immediate Deportation: Children lacking legal status would risk removal from the only country they know.
• Revoke Federal Benefits: Affected children could lose Medicaid, the Children’s Health Insurance Program, and other public services.
• Strip Fundamental Rights: Losing citizenship would mean losing the right to vote, work lawfully, obtain a Social Security number, hold a U.S. passport, and fully integrate into American society.

Potential Harm to States

In their legal filings, the attorneys general highlighted the massive burden placed on states if the order were to take effect. Beyond depriving thousands of American-born children of essential rights, the directive would:

• Reduce Federal Funding: Programs like Medicaid and foster care rely on federal dollars that hinge, in part, on recipients’ immigration status.
• Force Administrative Overhauls: States would have to swiftly retool benefits systems at considerable cost to handle a surge of children newly classified as non-citizens.
• Undermine Constitutional Principles: The attorneys general argued that only Congress—and not the president—can rewrite bedrock citizenship laws.

With the injunction in place, the executive order cannot be enforced as the lawsuit progresses. The coalition, led by New Jersey, is confident that once fully briefed, the Court will invalidate the order on constitutional and statutory grounds. If the directive were ever allowed to proceed, it would be the first time since 1868 that children born in America are denied citizenship based on their parents’ immigration status.

Solicitor General Jeremy Feigenbaum, Deputy Solicitor General Shankar Duraiswamy, and Deputy Attorneys General Viviana Hanley, Shefali Saxena, and Elizabeth Walsh represent New Jersey in this ongoing legal challenge. Alongside New Jersey, states like California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Nevada, New York, North Carolina, Rhode Island, Vermont, and Wisconsin, as well as the District of Columbia and the City of San Francisco, joined the suit.

Attorney General Platkin praised Judge Sorokin’s ruling, emphasizing that this principle of birthright citizenship is not only deeply rooted in our Constitution but also embodies the fundamental values upon which our Nation was built. The preliminary injunction serves as a testament to the coalition’s resolve to protect the rights of U.S.-born children and uphold constitutional guarantees while the courts resolve the merits of the case.

For updates, subscribe to our free newsletter!

Support your local news!