Federal Court Blocks Executive Order Restricting Birthright Citizenship

On July 10, 2025, a federal court in New Hampshire issued a nationwide preliminary injunction blocking enforcement of an executive order denying birthright citizenship to U.S.-born children of undocumented immigrants. The order, issued earlier this year by the Trump administration, aimed to deny automatic citizenship to any children born in the United States, including not only those born to undocumented immigrants, but also children of nonimmigrants who are lawfully present in the United States who are working and studying here. This order is part of the administration’s effort to identify undocumented immigrants and deport those individuals without lawful statuses. While this was the administration's stated rationale, it created a significant shift in the core value of the 14th Amendment, which triggered multiple constitutional dilemmas across many jurisdictions.

Cody Wolfsy, lead attorney for the ACLU, argued that the executive order would cause irreparable harm to children if denied birthright citizenship. The court issued a preliminary injunction that stays enforcement of the executive order, temporarily preventing its implementation. However, the injunction only lasted for seven days, allowing the government to file for an appeal. In the meantime, the legal debate will continue over constitutional protections for U.S.-born children, regardless of their parents’ legal statuses.

Beyond the legal implications and constant challenges, this executive order would create a pessimistic outcome for our clients, many of whom are working and studying in the Unites States and who are a staple in our communities across the country. Importantly, this would include millions of individuals in lawful non-immigrant statuses, such as those who are on H-1B worker, L-1 intracompany transferees, and F-1 student visas, just to name a few. And we should also not overlook those individuals who belong to families with mixed legal statuses. They all play their part and contribute to society.

Moreover, individuals in each of these immigrant and non-immigrant categories play a vital role in strengthening our economy and society, and undermining their status would detrimentally impact the United States. For example, it could lead to loss of jobs, the suppression of a future generation of immigrants, and a nationwide emergency of millions of stateless nationals. Most importantly, the executive order to restrict birthright citizenship threatens the rights and security of U.S.-born children who, despite being granted citizenship by the Constitution under the 14th Amendment, are facing vast legal uncertainty. Such uncertainty would ultimately lead to significant barriers for U.S.-born children in accessing education, healthcare, government benefits, and — most importantly — citizenship. Such uncertainty jeopardizes the future of this country and leaves American-born citizens and immigrants concerned about the rapid and dangerous changes to their lives. The primary injunction issued by the New Hampshire federal court is a pivotal win for families affected by the executive order. By blocking the order’s enforcement nationwide- even if temporarily- the order is protecting birthright citizenship under the 14th Amendment for U.S.-born children of undocumented immigrants. This injunction not only prevents harm to these innocent children but also safeguards the legal stability of immigrant families who rely on these protections. While the government may appeal, this decision creates a robust message that undermining constitutional rights will face serious legal blowback, offering hope to our clients and immigrant communities nationwide that justice will be served. In response, nearly two dozen states have filed lawsuits against the Trump Administration demanding the immediate revocation of the order. The order violates the 14th Amendment, which says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” 

The U.S. Supreme Court’s most recent decision restricts judges’ authority to issue nationwide injunctions blocking presidential orders. However, because this is a class-action lawsuit, representing a whole group of people (a “class”) then judges can issue nationwide injunctions. As a result, these lawsuits will continue progressing forward in legal courts, and immigrants will have their rights defended. 

It is important to check back for timely updates, as immigration policies are continuing to change very quickly. At Pasricha and Patel LLC, we remain committed to looking deeply into these developments and advocating for any immigrants or families. Our team will continue to provide any timely updates and will ensure that our clients are informed and prepared for any changes in immigration law. While this order is not far from done, this injunction is an important reminder that constitutional practices will remain robust against unjust policies. 

Due to the ever-changing legal landscape, and as this matter is subject to further updates, we encourage our readers to check the website regularly for updates regarding this and all matters regarding immigration law. Pasricha & Patel’s immigration department has extensive experience in handling business and personal immigration matters. Our team is happy to speak to you on your specific issues.

This article has been prepared by Sheetal A. Patel, Esq., Member at Pasricha & Patel, LLC, with the contributions of Arjun Buch. The immigration department at Pasricha & Patel, LLC provides exceptional legal services in employment-based immigration, labor certification, family-based immigration, and immigrant and nonimmigrant visa petitions. Visit Pasricha & Patel, LLC’s website here: www.pasricha.com