A fourth federal judge has blocked President Donald Trump’s executive order attempting to end birthright citizenship, marking another major legal setback for the administration’s immigration policies.
Key Ruling by Judge Sorokin
- U.S. District Judge Leo Sorokin (Massachusetts) ruled that Trump’s executive order violates the 14th Amendment of the U.S. Constitution.
- Sorokin stated that the Constitution “confers birthright citizenship broadly,” including to those targeted by the executive order.
- His ruling temporarily blocks enforcement of the order while legal challenges proceed.
What Does Trump’s Executive Order Say?
Issued on Trump’s first day in office, the order aims to deny U.S. citizenship to children:
- Born to undocumented mothers
- Born to mothers on temporary visas
- Whose fathers are neither U.S. citizens nor legal residents
Legal Challenges & Past Rulings
- Three other federal judges (in Maryland, Washington, and New Hampshire) have also blocked the order.
- At least eight lawsuits have been filed nationwide challenging the legality of the directive.
- The Justice Department has appealed two rulings to federal courts in San Francisco and Richmond, Virginia.
Supreme Court Precedent Supports Birthright Citizenship
- The rulings cite the landmark 1898 Supreme Court case, United States v. Wong Kim Ark, which:
- Confirmed that anyone born in the U.S. is a citizen under the 14th Amendment
- Was reinforced by Congress in 1940 and upheld by past U.S. presidents
Judge Sorokin’s opinion emphasized that Wong Kim Ark “leaves no room” for Trump’s legal interpretation.
Impact on Families & Legal Residents
The case also involved a pregnant woman in Massachusetts with temporary protected status (TPS).
She argued that if her baby was denied birthright citizenship, the child would face severe legal and social consequences.
Judge Sorokin agreed, stating:
“The loss of birthright citizenship— even if temporary— has cascading effects that would cut across a young child’s life and very likely leave permanent scars.”
Reactions to the Ruling
Matthew Platkin, New Jersey Attorney General (leading the case):
“President Trump is not a king. He cannot rewrite the Constitution with the stroke of a pen.”
Justice Department Response:
- The DOJ has not commented on Sorokin’s ruling but is expected to appeal.
What Happens Next?
- The ruling does not permanently strike down the executive order, but it prevents its enforcement while courts continue to review it.
- The Trump administration could appeal to the Supreme Court, though legal experts say the 14th Amendment clearly protects birthright citizenship.