Federal judge blocks Trump's executive order on birthright citizenship

A federal judge has issued a preliminary injunction against President Donald Trump’s executive order aimed at limiting birthright citizenship, which the administration claimed would address 'birth tourism.' U.S. District Judge Deborah L. Boardman in Maryland granted the injunction on Wednesday, pending the outcome of a class-action lawsuit filed by immigrant families and advocacy groups. In her ruling, Boardman stated, 'The Supreme Court has spoken: Children in the certified class are ‘citizens at birth.’' Birthright citizenship is currently guaranteed by law for individuals born on U.S. soil, with certain exceptions, a provision established by the 14th Amendment in 1868. Trump has previously sought to end birthright citizenship, issuing an executive order that was invalidated by the Supreme Court in June. In August, he attempted again with a revised executive order that sought to limit automatic citizenship for specific groups, including children born to individuals with ties to foreign embassies or those deemed 'alien enemies.' The order defined 'birth tourism' as entering the U.S. on a nonimmigrant visa for the purpose of giving birth. The administration's definition of birth tourism is already considered a basis for visa restrictions if the intent is to secure U.S. citizenship for a child. The order aimed to deny citizenship to children born to adults who engaged in transactions to obtain birthright citizenship, raising concerns among families that their children could be denied citizenship based on travel arrangements. Families involved in the lawsuit argued that the executive branch has broadly interpreted who qualifies as an alien enemy, often relying on speculation or misinformation. They expressed fears that their children could be denied citizenship due to connections to gangs in their home countries, despite the parents not being gang members. The lawsuit included organizations such as We Are CASA, the Asylum Seeker Advocacy Project, and the Institute for Constitutional Advocacy and Protection. The administration's attorneys contended that blocking the order was premature and that federal agencies would implement 'appropriate measures' based on forthcoming guidance. However, Judge Boardman dismissed this argument, stating, 'No matter what the guidance says, the 2026 Executive Order commands agencies to deny citizenship documents to several broad categories of children.' Shana Khader, legal director at We Are CASA, commented, '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.' The White House has not yet responded to requests for comment.