Politics

Federal judge blocks Trump administration's revised order restricting birthright citizenship

A Maryland federal judge ruled the August executive order likely violates the 14th Amendment and contradicts Supreme Court precedent.

Updated Sep 3, 2026 · 01:18 UTC4 reports

The short version

U.S. District Judge Deborah L. Boardman issued a preliminary injunction halting President Donald Trump's August executive order restricting birthright citizenship.
The blocked order targeted children of parents classified as "alien enemies," foreign embassy personnel, and individuals tied to "birth tourism."
Judge Boardman determined the plaintiffs are likely to succeed on the merits, pointing to a June Supreme Court ruling that upheld 14th Amendment birthright protections.
The preliminary injunction remains in place while the underlying class-action lawsuit proceeds through federal court.

U.S. District Judge Deborah L. Boardman granted a preliminary injunction blocking the enforcement of President Donald Trump's August 6 executive order on birthright citizenship.[Associated Press · CBS News · Al Jazeera · NBC News]
The executive order sought to deny citizenship to children born to foreign embassy workers, parents designated as "alien enemies," and individuals engaging in commercial transactions for "birth tourism."[Associated Press · CBS News · Al Jazeera · NBC News]
The legal challenge was brought by immigrant families alongside advocacy groups including We Are CASA, the Asylum Seeker Advocacy Project, and the Institute for Constitutional Advocacy and Protection.[Associated Press · CBS News · Al Jazeera · NBC News]
Judge Boardman cited the Supreme Court's 6-3 June ruling in Barbara v. Trump, concluding that the new order remains unconstitutional as applied to the certified class.[Associated Press · CBS News · Al Jazeera · NBC News]
Justice Department attorneys argued that the injunction request was premature and asserted that prior Supreme Court precedent did not foreclose specific, narrow exceptions to birthright citizenship.[Associated Press · CBS News]

Whether the administration will appeal the preliminary injunction or how appellate courts will interpret the administration's revised exceptions to birthright citizenship.[Associated Press · CBS News]