Judge Blocks Trump’s Birthright Order Warning of ‘Permanent Scars’

A judge has ruled in favor of plaintiffs challenging President Donald Trump‘s birthright citizenship executive order, effectively blocking it citing the “very likely” risk of leaving “permanent scars” on families.

Newsweek reached out to the White House via email Thursday for comment.

Why It Matters

The 14th Amendment grants U.S. citizenship to those born on U.S. soil and was adopted in 1868. Trump challenged this in his executive order saying in part that, “the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.'”

After Trump’s inauguration on January 20, 2025, he issued an executive order called “Protecting the Meaning and Value of American Citizenship” where he said his policy would not recognize U.S. citizenship to those born in the country if their mother “was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident.”

The order also says the U.S. would not issue documentation of citizenship if “that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident” at the time of birth.

Since issuing the order, Trump has faced many legal setbacks, as federal judges have blocked it.

What To Know

On Thursday, United States District Judge Leo T. Sorokin of Massachusetts said that losing birthright citizenship “has cascading effects” and could leave “permanent scars.” Judge Sorokin also said what is at stake for the plaintiffs challenging Trump’s order is “a bedrock constitutional guarantee.”

The judge ultimately sided with the plaintiffs granting them an injunction, blocking Trump’s order.

What People Are Saying

New York Attorney General Letitia James, frequent Trump critic, posted about the ruling on X (formerly Twitter) on Thursday: “We just won a court order blocking President Trump’s hateful and unlawful executive order on birthright citizenship. Birthright citizenship is a constitutional right and no President can solely rewrite our Constitution. We will continue to fight to preserve our rights.”

This is a developing story that will be updated with additional information.