Trump’s birthright citizenship order remains blocked as lawsuits march on after Supreme Court ruling

Mairelise Robinson, a U.S. citizen who is 6 months pregnant, attends a protest in support of birthright citizenship, outside of the Supreme Court in Washington, May 15, 2025. (AP Photo/Jacquelyn Martin, File)

BOSTON — U.S. President Donald Trump’s plan to end birthright citizenship for the children of people who are in the U.S. illegally will remain blocked as an order from one judge went into effect Friday and another seemed inclined to follow suit.

U.S. District Judge Joseph LaPlante in New Hampshire had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed in the last week his order went into effect.

“The judge’s order protects every single child whose citizenship was called into question by this illegal executive order,” Cody Wofsy, the ACLU attorney representing children who would be affected by Trump’s restrictions, said. “The government has not appealed and has not sought emergency relief so this injunction is now in effect everywhere in the country.”

The Trump administration could still appeal or even ask that LaPlante’s order be narrowed but the effort to end birthright citizenship for children of parents who are in the U.S. illegally or temporarily can’t take effect for now.

The Justice Department didn’t immediately return a message seeking comment.

Meanwhile, a judge in Boston heard arguments from more than a dozen states who say Trump’s birthright citizenship order is blatantly unconstitutional and threatens millions of dollars for essential services. The issue is expected to move quickly back to the nation’s highest court.

They asked U.S. District Judge Leo Sorokin to consider either keeping in place the nationwide injunction he granted earlier or consider a request from the government either to narrow the scope of that order or stay it altogether. Sorokin, located in Boston, did not immediately rule but seemed inclined to side with the states.

Lawyers for the government had argued Sorokin should narrow the reach of his earlier ruling granting a preliminary injunction, arguing it should be “tailored to the States’ purported financial injuries.”

LaPlante issued the ruling last week prohibiting Trump’s executive order from taking effect nationwide in a new class-action lawsuit, and a Maryland-based judge said this week that she would do the same if an appeals court signed off.

The justices ruled last month that lower courts generally can’t issue nationwide injunctions, but it didn’t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The Supreme Court did not decide whether the underlying citizenship order is constitutional.

Michael Casey, The Associated Press