Judge halts new executive order restricting birthright citizenship
A federal judge in Maryland issued a preliminary injunction against President Trump's latest executive order limiting birthright citizenship. The judge ruled the order is likely unconstitutional, citing a Supreme Court decision from June. The order had sought to expand categories of children ineligible for automatic citizenship.
The injunction, issued by U.S. District Judge Deborah Boardman, applies to children born after February 19, 2025, whose parents were not lawfully present. The ruling cites the Supreme Court’s June decision, which affirmed that the 14th Amendment grants citizenship to nearly all born on U.S. soil. The new executive order, issued about a month after that ruling, targeted “birth tourism” and sought to exclude children of alien enemies or foreign terrorist organization members. Advocacy groups CASA and Asylum Seeker Advocacy Project brought the case, having previously won a nationwide injunction against an earlier order. The Justice Department argued the new restrictions were narrower and the case premature, but Boardman rejected those claims as unpersuasive.
This ruling may reinforce legal limits on presidential power over constitutional citizenship, potentially affecting immigrant families and pregnant individuals planning U.S. births. It could also shape future executive actions, as courts signal that birthright citizenship remains protected absent a constitutional amendment. Society may see continued litigation and political debate, with impacts on federal policy implementation and the stability of immigration rules for mixed-status families.