In a decisive move for families across the nation, U.S. District Judge Deborah L. Boardman of Maryland issued a preliminary injunction on Wednesday that stops President Donald Trump’s newest executive order aimed at curbing birthright citizenship. The order, which the Trump administration described as a measure against “birth tourism,” would have denied citizenship documents to children born in the United States to adults who engaged in a commercial transaction to obtain citizenship or who were linked to foreign embassies, organizations, or designated “alien enemies.”
Judge cites Supreme Court precedent
Judge Boardman, appointed by President Joe Biden, wrote that the Supreme Court has already spoken on the matter: children in the certified class are “citizens at birth” under the 14th Amendment. She granted a preliminary injunction pending resolution of a class‑action lawsuit filed by immigrant families and advocacy groups, effectively pausing enforcement of the order.
Background of the policy fight
Birthright citizenship has been guaranteed by law since the ratification of the 14th Amendment in 1868, with only narrow exceptions. President Trump has long sought to overturn that principle. An earlier executive order declaring children of illegal or temporary residents ineligible for citizenship was struck down by the Supreme Court in June 2026. Undeterred, the administration issued a narrower order in August that targeted specific categories of parents, including those with ties to foreign embassies or to groups the administration labeled as “alien enemies.”
Concerns from families and advocates
Families who joined the lawsuit, represented by groups such as We Are CASA, the Asylum Seeker Advocacy Project, and the Institute for Constitutional Advocacy and Protection, warned that the order created confusion and fear. Some parents feared their children could be denied citizenship simply because they purchased airfare to the United States and became pregnant after arrival. Others worried that extended family connections to foreign gangs could jeopardize a child’s status, even when the parents themselves had no such ties.
Administration’s response
Trump administration attorneys argued that the request to block the order was premature and that federal agencies would implement it using “appropriate measures” once guidance was issued. Judge Boardman rejected that argument, stating, “No matter what the guidance says, the 2026 Executive Order commands agencies to deny citizenship documents to several broad categories of children.”
Legal and constitutional stakes
Legal director Shana Khader of We Are CASA said, “The White House must recognize it will not succeed in stripping children of their right to citizenship, evading binding court decisions or placing the president’s anti‑immigrant agenda above the Constitution.” The case underscores the ongoing clash between the executive branch’s immigration agenda and the constitutional guarantee of citizenship for anyone born on U.S. soil.
What comes next?
The injunction remains in place while the class‑action lawsuit proceeds. If the plaintiffs ultimately prevail, the administration will be forced to abandon the contested provisions of the order. If the court later lifts the injunction, the administration may still need to revise the policy to align with Supreme Court precedent.
The White House has not yet responded to requests for comment.
Original reporting: KTBS 3 (Shreveport) — read the source article.
