US Judge Denies Temporary Restraining Order Against Trump's Birthright Citizenship Order

A United States judge has denied a request for a temporary restraining order to block President Donald Trump’s second executive order regarding birthright citizenship. This decision, made on August 28, 2026, is a preliminary legal challenge to the order issued on August 6, following the Supreme Court's rejection of Trump's initial attempts to limit birthright citizenship. District Court Judge Deborah Boardman, appointed by former President Joe Biden, expressed concerns about the order but declined to grant the injunction at this time. She instructed the plaintiffs, a coalition of immigrant families and advocacy groups, to revise their lawsuit to address the new executive order directly. Boardman indicated that she would schedule a briefing once a revised complaint is filed to reconsider the restraining order. In 2025, Boardman had previously approved injunctions against Trump’s first birthright citizenship order, which was deemed unlawful. Trump has consistently sought to limit birthright citizenship, arguing it encourages 'birth tourism.' Birthright citizenship is protected under the Fourteenth Amendment of the US Constitution, which guarantees citizenship to nearly all children born on US soil, regardless of their parents' immigration status. The amendment was adopted in 1868 to ensure rights for formerly enslaved individuals. The Supreme Court has upheld its broad applicability in cases such as United States v Wong Kim Ark. Trump contends that children of irregular or temporary immigrants should not be considered 'subject to the jurisdiction' of the US and thus should not receive citizenship. His second executive order aims to deny citizenship to children born to non-citizen parents classified as 'alien enemies' or 'terrorists,' as well as those whose parents engage in commercial transactions to secure birthright citizenship. Critics argue that this order infringes on the civil rights of immigrant children. A coalition of immigrant families and rights groups, including We Are CASA and the Asylum Seeker Advocacy Project, has pledged to challenge the new order, asserting that the President cannot alter the law of birthright citizenship. They argue that the Executive Branch must recognize citizenship for children born on US soil, regardless of the number of executive orders issued.