Judge blocks Trump administration's executive order limiting birthright citizenship

U.S. District Judge Deborah Boardman, appointed by Biden, issued a preliminary injunction on the Trump administration's August 6 executive order that aimed to limit birthright citizenship for children whose parents are designated as alien enemies or who used surrogacy arrangements. The ruling comes a month after the Supreme Court affirmed that children born in the United States to unlawful or temporary residents are citizens at birth under the 14th Amendment in Barbara v. Trump.

Boardman said the order is "almost certainly unconstitutional" as applied to the class of plaintiffs, noting that the Supreme Court has already decided those children are citizens at birth. She highlighted concerns that the administration's broad definition of "enemy" could lead to wrongful denial of citizenship.

The White House rejected the injunction, with spokesperson Lauren Bis stating the order is consistent with the Supreme Court's holdings. Former Justice Department official Abhi Kambli described the judge's decision as a facial challenge requiring proof that the order is unlawful in all applications.

Legal advocates for the plaintiffs, represented by Court Appointed Special Advocates (CASA), welcomed the decision, emphasizing the potential irreversible harm to children and families if citizenship were stripped.

The injunction marks the second time Boardman has blocked a Trump-era birthright citizenship order, reinforcing the Supreme Court's June ruling and setting the stage for further litigation.