U.S. First Circuit Court of Appeals in Boston Upholds Birthright Citizenship

On October 3, 2025, The First Circuit Court of Appeals in Boston, MA upheld a lower district court decision that prevented President Trump from enforcing his Executive Order ending birthright citizenship for children of certain noncitizen parents. See our previous publication on the Birthright Citizenship Executive Order here. In short, birthright citizenship is explicitly written into the Fourteenth Amendment of the Constitution and cannot be rescinded without amending the Constitution.  

President Trump continues to challenge injunctions against the Executive Order. In September, the Trump Administration asked the Supreme Court to uphold his order, arguing, contrary to 127 years of established law and almost all legal experts, that constitutional birthright citizenship does not apply to the children of foreign nationals.  

Read the ACLU’s press release on the First Circuit decision here.