A federal judge on Aug. 28 declined to block a new executive order from President Donald Trump that narrows the scope of birthright citizenship in the United States. Judge Deborah Boardman of the U.S. District Court in Maryland ruled that immigrant advocacy groups had not sufficiently demonstrated grounds for a temporary restraining order against the policy.
The order, issued by Trump on Aug. 6, directs federal agencies to withhold certain documents recognizing citizenship from children born in the U.S. if neither parent is a U.S. citizen and falls into specific categories. These categories include children of members of designated foreign terrorist organizations, foreign government employees, or individuals involved in fraudulent transactions intended to secure birthright citizenship. The policy also targets birth tourism, where foreign nationals travel to the U.S. on temporary visas to give birth and secure automatic citizenship for their children.
Government lawyers argued that the order does not violate the 14th Amendment’s Citizenship Clause, which grants citizenship to those born in the U.S. and subject to its jurisdiction. They contended that the Supreme Court’s June 2025 ruling in United States v. Texas acknowledged exceptions to birthright citizenship for children of foreign officials or enemies, rather than conferring blanket eligibility. The government’s legal interpretation distinguishes between children born under the protection of the U.S. and those whose parents are foreign officials or adversaries.
Immigrant advocacy groups, including those challenging the order, argued that the policy defies the Supreme Court’s ruling and is unconstitutional because it seeks to strip citizenship that the Constitution confers. Their legal briefs stated that the order “tries to strike out exceptions to birthright citizenship with the stroke of a pen”, calling it unprecedented. Judge Boardman noted that the plaintiffs’ original lawsuit did not address the 2026 order, which prevented her from blocking it at this stage. However, she permitted the groups to supplement their complaint and set a swift schedule for further challenges.
The order marks a shift from Trump’s earlier attempts to restrict birthright citizenship, which were blocked by the Supreme Court. Legal experts from conservative organizations, including the Manhattan Institute, America First Legal, and the America First Policy Institute, have argued that the new order is narrower and relies on longstanding legal exceptions to birthright citizenship. These exceptions include children born to parents considered part of invading armies or diplomatic missions, as recognized in prior Supreme Court rulings.
Federal agencies have not yet issued guidance on how the order will be implemented, according to the judge’s remarks. The policy’s enforcement remains pending as legal challenges continue. The case highlights ongoing debates over the interpretation of the 14th Amendment and the executive branch’s authority to define citizenship eligibility beyond judicial precedents.