Archive · 3 Sep 2026
Judge Blocks Trump’s Newest Order Limiting Birthright Citizenship
A federal judge stopped the government from using President Donald Trump’s newest order about birthright citizenship.
Birthright citizenship generally means that people born in the United States can become citizens.
Trump’s order focused on people who travel to the United States to give birth.
It also listed other situations involving a child’s parents that could affect citizenship.
The order came after the Supreme Court rejected Trump’s earlier effort to limit birthright citizenship.
Judge Deborah Boardman said the Supreme Court had already decided that children in the lawsuit’s class are citizens at birth.
Immigrant rights groups had asked her to protect those children.
Government lawyers said the lawsuit was filed too soon because agencies had not explained how the order would work.
The judge said immediate protection was necessary, although agencies may still issue guidance.
U.S. District Judge Deborah Boardman issued a preliminary injunction blocking enforcement of President Donald Trump’s latest birthright citizenship order.
Trump signed the new order on August 6 after the Supreme Court rejected his earlier attempt to restrict birthright citizenship.
The latest order targets birth tourism and addresses children whose parents have certain foreign-government, fraud, commercial, or alien-enemy connections.
Boardman said the order was almost certainly unconstitutional as applied to children covered by the class-action lawsuit.
The Justice Department argued the lawsuit was premature because agencies had not yet issued implementation guidance, expected by September 5.
- Who
- U.S. District Judge Deborah Boardman, President Donald Trump, immigrant rights groups CASA and the Asylum Seeker Advocacy Project, and Justice Department attorneys.
- What
- Boardman issued a preliminary injunction blocking enforcement of Trump’s latest executive order limiting eligibility for birthright citizenship for children covered by the class action.
- When
- The ruling was reported on September 2; Trump signed the latest order on August 6, after the Supreme Court’s June 30 decision.
- Where
- The U.S. District Court in Greenbelt, Maryland.
- Why
- Boardman found the order was almost certainly unconstitutional as applied to the certified class, while the administration argued that the challenge was premature.
Immigrant rights advocates
Trump administration
Whether enforcement should be blocked
Immigrant rights advocates
CASA and the Asylum Seeker Advocacy Project asked the court to stop enforcement and ensure that covered children’s citizenship continued to be recognized.
Trump administration
Justice Department attorneys argued that an injunction was inappropriate because the new order was narrower than the earlier measure.
Timing of the lawsuit
Immigrant rights advocates
The plaintiffs sought immediate protection for babies whose citizenship could be denied under the new order.
Trump administration
The administration said the lawsuit was premature because federal agencies had not yet issued public guidance explaining how the order would be implemented.
Constitutionality and scope
Immigrant rights advocates
Boardman said the order was almost certainly unconstitutional as applied to the certified class because the Supreme Court had already determined that those children are citizens at birth.
Trump administration
The administration argued that the directive was more limited than the earlier order and said it would apply only prospectively.
- Judge
- Deborah Boardman, U.S. District Judge in Greenbelt, Maryland
- Latest order
- Signed August 6 and focused particularly on birth tourism
- Court action
- A preliminary injunction blocking enforcement against children covered by the class-action lawsuit
- Supreme Court ruling
- On June 30, the U.S. Supreme Court rejected Trump’s earlier effort to restrict birthright citizenship in a 6-3 ruling
- Constitutional provision
- The citizenship clause of the 14th Amendment, covering people born in the United States who are “subject to the jurisdiction thereof”
- Plaintiffs
- CASA and the Asylum Seeker Advocacy Project
- Administration argument
- The Justice Department said the lawsuit was premature because implementation guidance had not yet been issued; guidance was expected by September 5
Sources
US federal judge blocks Trump’s birthright citizenship order; calls Potus' bid 'unconstitutional'
US judge blocks Trump’s newest order limiting birthright citizenship
Trump Dealt Blow as Judge Blocks Latest Birthright Citizenship Order
