The First Circuit Court upheld blocks on enforcement of the executive order limiting birthright citizenship.  The court review panel concluded the order’s understanding of birthright citizenship doesn’t align with that of the fourteenth amendment of the U.S. Constitution. The First Circuit is the second Circuit Court to uphold blocks on the birthright citizenship order since the Supreme Court of the United States (SCOTUS) ruling in June 2025.

The First Circuit Court argued that the executive order goes against the language of the Immigration and Nationality Act of 1965, along with the 1898 SCOTUS decision in United States v. Wong Kim Ark. Both state the birthright citizenship clause of the Fourteen Amendment applies to anyone born with United States territory.

Enacted on January 20, 2025, “Protecting the Meaning and Value of American Citizenship” rolls back birthright citizenship to individuals with one lawful permanent resident parent. Lower courts filed judicial blocks as early as February 2025. The government appealed to SCOTUS in response.

Subsequently, SCOTUS ruled that lower courts can’t issue nationwide blocks on government policy. A Ninth Circuit Court of Appeals decision upheld the blocks placed in its jurisdiction afterwards. The First Circuit decision marks the second time an Appeals Court refused lifting the judicial block. While lower courts can’t block enforcement of the order, states still have legal standing.

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