4 days ago
Judge Questions Trump’s New Birthright Citizenship Order, Delays Block
A judge considered a request to stop President Donald Trump’s newest rule about citizenship for babies born in the United States.
She did not stop the rule immediately.
She said the lawsuit before her did not specifically challenge this newest order.
The judge did allow the groups bringing the case to update their lawsuit.
She also created a fast schedule for reviewing the challenge.
The order targets birth tourism and several other situations involving parents who are not U.S. citizens.
The Supreme Court had already rejected Trump’s earlier attempt to restrict birthright citizenship.
The judge questioned whether the new exceptions fit with that Supreme Court decision.
The Justice Department said officials had not yet explained how the new order would be carried out.
Judge Deborah Boardman declined to immediately block President Donald Trump’s newest birthright citizenship order.
Boardman said the plaintiffs’ existing lawsuit did not mention the 2026 order, preventing her from blocking it at this stage.
The judge allowed immigrant-rights groups to supplement their complaint and established an expedited briefing schedule.
The U.S. Supreme Court previously rejected Trump’s 2025 effort to restrict birthright citizenship under the 14th Amendment.
The Justice Department said agencies had not issued implementation guidance, which was expected by September 5.
- Who
- U.S. District Judge Deborah Boardman, immigrant-rights advocates, the Trump administration, and the U.S. Department of Justice.
- What
- Boardman declined to immediately block Trump’s 2026 executive order limiting eligibility for birthright citizenship but allowed the plaintiffs to amend their challenge.
- Where
- The hearing took place in Greenbelt, Maryland.
- When
- At a hearing on August 28; Trump signed the new order on August 6, and implementation guidance was expected by September 5.
- Why
- Boardman said the existing lawsuit did not mention the new order, while Justice Department attorneys said agencies had not yet issued implementation guidance.
Challengers and Judicial Concerns
Trump Administration’s Position
Legality of the new exceptions
Challengers and Judicial Concerns
Immigrant-rights advocates challenged the order, and Boardman questioned where the Supreme Court’s ruling supported an exception for birth tourism or other categories.
Trump Administration’s Position
The Trump administration defended the directive through Justice Department attorneys, who opposed immediate court action while implementation procedures were still pending.
Whether enforcement should be blocked now
Challengers and Judicial Concerns
The advocates asked the court to block the new order and continue recognizing citizenship for affected children.
Trump Administration’s Position
The Justice Department argued that agencies had not yet issued the public guidance needed to explain how the order would be implemented.
Procedural basis for immediate relief
Challengers and Judicial Concerns
The challengers were allowed to update their complaint and pursue a renewed, expedited challenge.
Trump Administration’s Position
Boardman said she could not block the 2026 order through a lawsuit that did not mention it.
Key facts
- Judge
- U.S. District Judge Deborah Boardman
- New order
- Signed by President Donald Trump on August 6, 2026, according to the reports
- Main targets
- Birth tourism, children of foreign-government workers, certain citizenship-fraud cases, and people classified as “alien enemies”
- Earlier order
- Trump’s initial 2025 order sought to restrict citizenship for children whose parents were neither U.S. citizens nor legal permanent residents
- Supreme Court ruling
- On June 30, the U.S. Supreme Court rejected Trump’s initial effort, finding it violated the 14th Amendment’s citizenship clause
- Immediate outcome
- The judge rejected the request for a temporary restraining order
- Next steps
- The plaintiffs may supplement their complaint under an expedited briefing schedule; federal guidance was expected by September 5
Quotes
Deborah Boardman
US District Judge in Maryland who heard the challenge
“is there any reference to an exception for birthright citizenship for birth tourism?”
NDTV
“tries to strike out exceptions to birthright citizenship with the stroke of a pen.”
NDTV
Sources
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