Federal Judge Blocks Trump Executive Order Limiting Birthright Citizenship

A federal judge in Maryland has issued a preliminary injunction blocking a recent executive order by President Donald Trump that sought to restrict birthright citizenship. District Judge Deborah Boardman ruled on Wednesday that the order is likely unconstitutional, citing a previous Supreme Court decision from June that found the president lacks the power to end birthright citizenship by decree. The Supreme Court had ruled six to three in the case of Barbara v Trump that birthright citizenship is protected under the Fourteenth Amendment of the Constitution.

The August executive order targeted four specific categories for the denial of citizenship. These include children of foreign nationals classified as alien enemies, such as members of terrorist organizations; children of foreign government employees, including those working at embassies, consulates, or the United Nations; and children born to parents engaging in birth tourism or using surrogacy for that purpose. The order also reaffirmed that those born in certain American territories are not entitled to citizenship unless a specific law provides for it.

Judge Boardman stated that the order was almost certainly unconstitutional as applied to the certified class of challengers because the Supreme Court had already decided those children are citizens at birth. The injunction prohibits the Department of State, the Department of Homeland Security, and the Social Security Administration from interfering with the citizenship of the affected children. Attorney General Todd Blanche told Fox News that the administration did not expect the judge to agree with them and stated that the government would return to the Supreme Court if necessary.

While center and center-left sources describe the event as a setback to a hard-line immigration agenda or an attempt to roll back constitutional rights, the administration framed the order as a way to tighten existing laws and address birth tourism.