Archive · 4 Sep 2026
Judge blocks Trump's renewed effort to curb birthright citizenship
A judge has temporarily stopped Donald Trump's newest attempt to change birthright citizenship rules.
Birthright citizenship means that most children born in the United States become citizens.
The judge said the government cannot enforce the new order against children covered by the lawsuit.
The lawsuit was brought by immigrant families and advocacy groups.
Trump's administration said the order was meant to target birth tourism.
The order focused on certain situations involving parents connected to foreign organizations or considered enemy aliens.
Some families worried their children could lose citizenship because they traveled to the United States and became pregnant after arriving.
Judge Deborah L. Boardman said the Supreme Court had already recognized citizenship at birth for the children in the certified class.
The case will continue while the preliminary injunction remains in effect.
U.S. District Judge Deborah L. Boardman blocked enforcement of Trump's August executive order restricting birthright citizenship.
The preliminary injunction applies while a class-action lawsuit by immigrant families and advocacy groups proceeds.
The order sought to deny citizenship to some U.S.-born children based on their parents' immigration status or activities.
Boardman said the Supreme Court had affirmed that children in the certified class are citizens at birth.
The 14th Amendment generally guarantees citizenship to people born on U.S. soil, with limited exceptions.
- Who
- U.S. District Judge Deborah L. Boardman, Donald Trump’s administration, immigrant families, advocacy groups, CASA Inc, and the Asylum Seeker Advocacy Project.
- What
- A federal judge issued a preliminary injunction blocking enforcement of Trump's latest executive order seeking to limit birthright citizenship.
- When
- The injunction was issued on Wednesday against an executive order issued in August; the lawsuit remains unresolved.
- Where
- A federal court in Maryland, United States.
- Why
- Boardman said the Supreme Court had already recognized that children in the certified class are citizens at birth under current law.
Challengers and court
Trump administration
Citizenship at birth
Challengers and court
Boardman said the Supreme Court had already affirmed that children in the certified class are citizens at birth under current law.
Trump administration
The administration sought to deny automatic citizenship to children in specified circumstances involving their parents.
Birth tourism
Challengers and court
Some families feared their children's citizenship could be denied simply because they bought airfare to the United States and became pregnant after arriving.
Trump administration
The administration said the order targeted birth tourism, defined as entering the United States on a nonimmigrant visa to give birth on American soil.
Executive orders
Challengers and court
Immigrant families and advocacy groups challenged the August order in a class-action lawsuit, leading to the preliminary injunction.
Trump administration
Trump issued the August order after the Supreme Court struck down his earlier attempt in June, narrowing the order to specific categories.
- Ruling
- Judge Deborah L. Boardman issued a preliminary injunction against Trump's August executive order.
- Legal status
- The injunction remains in effect while the class-action lawsuit is resolved.
- Order's target
- The order sought to restrict citizenship for certain U.S.-born children based on their parents' immigration status or activities.
- Supreme Court precedent
- Boardman said the Supreme Court had held that children born in the United States to unlawfully or temporarily present parents are citizens at birth.
- Constitutional basis
- The 14th Amendment, ratified in 1868, generally guarantees citizenship to people born on U.S. soil, with limited exceptions.
- Administration's stated target
- The administration said the latest order targeted birth tourism.
- Plaintiffs
- The class-action case was brought by CASA Inc, the Asylum Seeker Advocacy Project, immigrant families, and individual plaintiffs.
