Federal judge blocks Trump's renewed executive order restricting birthright citizenship

A U.S. federal judge issued a preliminary injunction on Wednesday, blocking the Trump administration from enforcing its latest executive order aimed at narrowing eligibility for birthright citizenship.

U.S. District Judge Deborah Boardman ruled that the president's August 6 directive—which targeted "birth tourism" and children of foreign government personnel or designated "alien enemies"—is almost certainly unconstitutional under the 14th Amendment.

Why did the federal judge block the new birthright citizenship executive order?

Judge Boardman of the U.S. District Court for the District of Maryland ruled in favor of immigrant rights organizations—including CASA and the Asylum Seeker Advocacy Project (ASAP)—that previously challenged the administration's initial 2025 birthright citizenship order. The ruling halts federal agencies, including the Department of Homeland Security, Department of State, and Social Security Administration, from denying or delaying citizenship recognition for affected children.

"The Supreme Court has spoken: Children in the certified class are 'citizens at birth,'" Judge Boardman wrote in her 35-page opinion. She noted that the administration's newest policy conflicts directly with the Supreme Court's landmark June 30 ruling in Barbara v. Trump, which reaffirmed by a 6–3 majority that the Citizenship Clause of the 14th Amendment guarantees automatic citizenship to virtually anyone born on U.S. soil.

According to CBS News, Department of Justice attorneys argued that the injunction was premature because federal agencies had not yet issued final implementation guidelines, which were slated for release by September 5. However, Judge Boardman rejected that argument, emphasizing that the order's plain terms apply broadly regardless of birth dates, necessitating immediate judicial intervention to prevent irreparable constitutional harm.

What is the background behind the administration's campaign against birthright citizenship?

Upon returning to office in January 2025, President Trump signed Executive Order 14160, seeking to deny automatic U.S. citizenship to babies born to parents unlawfully present in the country or visiting on temporary visas. Following extensive lower-court injunctions, the Supreme Court struck down the policy in June 2026.

In response, the administration issued a narrower executive order on August 6, 2026, targeting "birth tourism" commercial arrangements and children of parents classified as foreign government officials or "alien enemies".

Immigrant rights advocates immediately returned to court, arguing that the White House lacks the legal authority to unilaterally re-interpret constitutional protections established by 125 years of judicial precedent. Legal Director Shana Khader of CASA celebrated the ruling, stating that the administration has consistently lost its legal challenges across federal district courts and the Supreme Court.