Federal Judge Halts Trump's Executive Order Targeting Birthright Citizenship
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A Maryland federal judge issued a preliminary injunction blocking President Trump's latest executive order that sought to limit citizenship for children born in the United States, citing the 14th Amendment.
A U.S. District Judge in Maryland has temporarily blocked President Donald Trump’s most recent executive order aimed at restricting birthright citizenship. Judge Deborah L. Boardman, appointed by Joe Biden, granted a preliminary injunction that will remain in effect until a class-action lawsuit filed by immigrant families and advocacy groups is resolved.
Boardman wrote that the Supreme Court has already affirmed that children in the certified class are “citizens at birth,” underscoring that the 14th Amendment guarantees citizenship to anyone born on U.S. soil, with limited exceptions.
The order, issued in August, defined “birth tourism” as entering the United States on a non-immigrant visa with the purpose of giving birth, and it sought to deny citizenship to children whose parents engaged in a commercial transaction to obtain birthright citizenship or who were linked to foreign embassies, organizations, or designated “alien enemies.” Critics argued the language was overly broad, fearing it could affect families whose extended relatives had foreign ties or who simply purchased airfare and later became pregnant.
Plaintiffs, including We Are CASA, the Asylum Seeker Advocacy Project, and the Institute for Constitutional Advocacy and Protection, contended that the administration’s interpretation relied on speculation and could strip children of their constitutional rights.
The White House’s legal team argued that the injunction was premature and that agencies would follow appropriate guidance, but the judge rejected that position, stating that the order commands agencies to deny citizenship documents to broad categories of children regardless of future guidance.
"The White House must recognize it will not succeed in stripping children of their right to citizenship, evading binding court decisions or placing the president’s anti-immigrant agenda above the Constitution," said Shana Khader, legal director at We Are CASA.
The administration did not immediately comment on the ruling.