- A federal judge blocked the Trump administration from enforcing a new executive order limiting birthright citizenship, following the Supreme Court's rejection of a previous effort.
- US District Judge Deborah Boardman in Greenbelt, Maryland, issued a preliminary injunction at the request of immigrant rights advocates who had previously secured a ruling blocking the initial 2025 executive order.
- Lawyers in a class-action lawsuit asked Boardman to block the newest order and ensure their clients' citizenship continued to be honored.
- The plaintiffs included immigrant rights groups CASA and Asylum Seeker Advocacy Project, which had previously convinced Boardman to block Trump's initial order.
- Boardman, an appointee of Democratic President Joe Biden, initially declined to block the order but allowed plaintiffs to revise their lawsuit to consider blocking what she called an "unprecedented" order.
- Justice Department attorneys argued that a restraining order was inappropriate and the lawsuit premature, as agencies had yet to issue guidance by September 5.
A federal judge has issued a preliminary injunction against President Trump's new executive order limiting birthright citizenship, which followed the Supreme Court's rejection of a similar initiative.13
Judge Deborah Boardman, appointed by President Biden, ruled in favor of immigrant rights advocates who argued that the order would unjustly deny citizenship to children born in the U.S.2
The Supreme Court had previously ruled on June 30 that Trump's initial effort violated the 14th Amendment's citizenship clause, which guarantees citizenship to all individuals born on U.S. soil.
In response, Trump signed a new order on August 6, targeting practices like “birth tourism,” where foreign women travel to the U.S. to give birth. The new order also proposed denying citizenship to children if a parent works for foreign governments or engages in fraudulent activities.
The plaintiffs, including CASA and the Asylum Seeker Advocacy Project, successfully argued that the new order was “unprecedented” and should be blocked to protect the citizenship rights of their clients.4
During a recent hearing, Boardman expressed skepticism about the order but initially declined to block it, allowing the plaintiffs to revise their lawsuit. The Justice Department contended that the lawsuit was premature, as federal agencies had yet to issue guidance on the order's implementation, expected by September 5.78
“Judge Deborah Boardman, a Biden appointee, issued the preliminary injunction at the request of immigrant rights groups CASA and Asylum Seeker Advocacy Project, which had previously secured a ruling blocking Trump's initial 2025 order. The Justice Department argued the lawsuit was premature, as agencies have until September 5 to issue implementation guidance.”
