The judicial block on the birthright citizenship order will remain, per a Ninth Circuit Court panel decision. The panel found the executive order limiting birthright citizenship goes against the Fourteenth Amendment of the U.S. Constitution. The lower court originated from litigation filed against the government by four states.

Legal challenges have faced the executive order since it was first signed. On February 6, 2025, a U.S. district court issued nationwide block on the order’s enforcement. The government responded by appealing to the U.S. Supreme Court.

On June 27, 2025, SCOTUS ruled that lower court judges don’t have the authority to block policy on a national scale. The government subsequently tried to appeal against the block issued in February. The circuit panel ruled that the states still have standing.

The panel argued that SCOTUS didn’t prohibit the use of nationwide blocks to give states relief. The states that initially challenged the executive order showed proof that using the new system would incur a loss of funding. The states also need time to implement the new system.

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