First Circuit Upholds Birthright Citizenship Ruling Against Executive Order

AG: New Mexico Press Releases

Filed October 3rd, 2025

Detected March 21st, 2026

Summary

The U.S. Court of Appeals for the First Circuit upheld a lower court's injunction blocking President Trump's executive order that sought to end birthright citizenship. The ruling affirmed that the President lacks the authority to unilaterally alter constitutional principles.

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What changed

The U.S. Court of Appeals for the First Circuit has affirmed a district court's injunction, ruling against President Trump's executive order aimed at terminating birthright citizenship. The court found in favor of state attorneys general on the merits, standing, and the nationwide scope of the relief sought. While the injunction was vacated for certain federal agencies for procedural reasons, the court emphasized this did not alter the overall outcome.

This decision reinforces the established constitutional principle of birthright citizenship, which has been part of the U.S. framework since the Reconstruction Era. Attorney General Raúl Torrez stated that no president has the authority to rewrite the Constitution and pledged to continue defending this right against any erosion. Regulated entities, particularly government agencies, should be aware that the executive order attempting to end birthright citizenship has been blocked by judicial review.

What to do next

Review legal interpretations regarding birthright citizenship and executive authority.
Ensure internal policies align with the First Circuit's ruling and established constitutional principles.

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Attorney General Raúl Torrez Statement on First Circuit Ruling Upholding Birthright Citizenship

October 3, 2025

Background:
The U.S. Court of Appeals for the First Circuit today upheld the district court’s injunction blocking President Trump’s executive order seeking to end birthright citizenship. The court ruled in favor of the state attorneys general on the merits, standing, and the nationwide scope of relief. For procedural reasons noted in a footnote, the injunction was vacated only as to certain federal agencies rather than their officers, but the court made clear that distinction has no impact on the outcome.

Statement:
“The law is clear: no president has the authority to unilaterally rewrite the Constitution,” said Attorney General Raúl Torrez. “I am grateful the First Circuit has unanimously affirmed what every court to review this case has concluded—that President Trump’s attempt to eliminate birthright citizenship is unconstitutional and cannot stand. This principle has been part of our constitutional framework since the Reconstruction Era, and we will continue to defend it against any effort to erode the rights of American citizens.”