New Jersey v. Trump (1st Cir. appeal 25-1898)
Case Overview
The government appealed Judge Sorokin's order on the scope of the preliminary injunction, which upholds his original preliminary injunction preventing the enforcement of President Trump's birthright citizenship executive order.
Legal Issues
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The Application
Judge Sorokin concluded the executive order likely violates the Fourteenth Amendment and granted a preliminary injunction preserving the current citizenship regime. The government appeals this determination, challenging both the merits finding and the injunction's scope.
The Conclusion
On September 1, 2026, the government voluntarily dismissed its appeal to the First Circuit, and the court entered judgment dismissing it under Federal Rule of Appellate Procedure 42(b), with the mandate issuing the next day. Because the government withdrew its own appeal, there was no appellate merits decision, and the district court's preliminary injunction barring enforcement of the birthright citizenship executive order remains in effect.
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