A federal judge has temporarily blocked President Donald Trump’s latest executive order aimed at narrowing birthright citizenship, granting a preliminary injunction against the policy on Wednesday.
The ruling by U.S. District Judge Deborah L. Boardman in Maryland halts enforcement of the order while a class-action lawsuit brought by immigrant families and advocacy groups proceeds. Boardman, appointed by President Joe Biden, cited Supreme Court precedent in her decision, stating that children covered by the lawsuit are ‘citizens at birth’ under existing law.
The executive order, signed by Trump on August 6, sought to restrict birthright citizenship by targeting ‘birth tourism’—the practice of traveling to the U.S. to give birth for the purpose of securing citizenship for the child. It also aimed to deny citizenship to children of parents designated as ‘alien enemies,’ including members of terrorist organizations such as drug cartels.
Court Ruling and Legal Basis
Judge Boardman’s 35-page opinion emphasized that the Supreme Court’s prior rulings establish birthright citizenship as a constitutional right. She referenced the Court’s June decision blocking a separate 2025 executive order that similarly attempted to limit citizenship at birth.
‘The Supreme Court has spoken: Children in the certified class are ‘citizens at birth,’’ Boardman wrote. ‘Barbara is the law of the land. The President must follow it.’
The preliminary injunction applies to federal agencies, including the State Department, Department of Homeland Security, and Social Security Administration, preventing them from enforcing the order against the plaintiff class while the case is pending.
Scope of the Executive Order
The August order was narrower than Trump’s previous attempts to end birthright citizenship entirely. It specifically targeted:
- Birth tourism: Children born to parents engaging in commercial transactions to travel to the U.S. for childbirth.
- ‘Alien enemies’: Children of parents designated as members of terrorist organizations, such as drug cartels.
Attorneys for the government had argued that the Supreme Court’s June ruling did not prevent the administration from issuing rules to narrow birthright citizenship. However, Judge Boardman rejected this position, stating that the order conflicts with established precedent.
Reactions and Responses
The White House did not immediately respond to requests for comment following the ruling. Advocacy groups, including CASA Inc., a Maryland-based nonprofit, praised the decision.
‘When I joined this lawsuit, I was two months pregnant and terrified that the government would refuse to recognize my baby as a citizen simply because we are an immigrant family,’ said Juana, a We Are CASA member and class representative. ‘Today’s decision gives me relief because my child and thousands of other children remain protected.’
Background and Historical Context
Birthright citizenship has been guaranteed under U.S. law since the ratification of the 14th Amendment in 1868, which states that ‘all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.’
Trump has long advocated for ending or restricting birthright citizenship, issuing previous executive orders attempting to reinterpret or eliminate the practice. The Supreme Court has repeatedly rejected these efforts, most recently in June when it blocked a 2025 order that sought to deny citizenship to children born to parents unlawfully or temporarily present in the U.S.
Next Steps in the Legal Battle
The class-action lawsuit brought by immigrant families and advocacy groups will proceed, with Judge Boardman indicating she believes the plaintiffs are likely to succeed in demonstrating that the executive order violates the 14th Amendment. The preliminary injunction remains in effect until the case is resolved.