The Boston ruling adds to a growing list of nationwide injunctions. Earlier this month, a federal judge in New Hampshire halted the order in a class-action lawsuit, and a San Francisco appeals court upheld another block, declaring the policy unconstitutional. Meanwhile, a Maryland judge has signaled she will issue a similar order if given approval by an appeals court.
The Supreme Court recently restricted the ability of lower courts to issue nationwide injunctions but allowed exceptions for cases brought by states or through class actions — precisely the types of lawsuits now challenging Trump’s order.
In his opinion, Judge Sorokin acknowledged that the Supreme Court will likely have the final say. “Trump and his administration are entitled to pursue their interpretation of the Fourteenth Amendment, and no doubt the Supreme Court will ultimately settle the question,” he wrote. “But in the meantime, for purposes of this lawsuit at this juncture, the Executive Order is unconstitutional.”
At the heart of the dispute is the Fourteenth Amendment, ratified in 1868 after the Civil War to overturn the Dred Scott decision, which had denied citizenship to a man born into slavery. The amendment’s text guarantees citizenship to “all persons born or naturalized in the United States.”
Critics of Trump’s order argue that this language leaves no room for exceptions. They say the president lacks authority to unilaterally redefine birthright citizenship and warn the policy would strip hundreds of thousands of children of their legal status. States also argue it would drain millions from programs supporting foster care, child health care, and education for students with disabilities.
The administration, however, maintains that only those “subject to the jurisdiction” of the United States qualify for citizenship — a category it says excludes the children of undocumented immigrants and foreign visitors.
For now, the order remains blocked nationwide, but with multiple lawsuits in play, legal experts say the battle is likely headed for the Supreme Court — setting up a historic test of presidential power and constitutional interpretation.
