Birthright citizenship EO blocked for now

Published: February 5, 2025 | by Michael Cardman, Senior Legal Editor at Brightmine

A federal judge today issued a preliminary injunction blocking President Trump’s executive order ending birthright citizenship.

Unless it is overturned by the 4th US Circuit Court of Appeals or the US Supreme Court, the injunction will remain in place pending the resolution of a case filed last month by immigrant-rights groups challenging the executive order. Brightmine has not been able to independently verify the injunction, but it was widely reported in several news outlets, including the Associated Press.

Judge Deborah Boardman was quoted as saying that the executive order would likely be found unconstitutional: “The United States Supreme Court has resoundingly rejected the president’s interpretation of the Citizenship Clause of the 14th Amendment. In fact, no court in the country has ever endorsed the president’s interpretation. This court will not be the first.”

As of the time of publication, the Department of Justice had not responded to a request for comment about whether it plans to appeal the injunction.

This injunction provides longer-term relief to opponents of the EO than the 14-day temporary restraining order entered on January 23, 2025, by a federal court in Washington in a separate case.

If it is eventually restored, the executive order is expected to have several practical impacts on employers, including increased visa sponsorship costs and a chilling effect on the number of foreign nationals willing to work in the US on temporary employment-based visas.