U.S. District Judge Deborah L. Boardman in Maryland issued a preliminary injunction on Wednesday, stopping President Donald Trump’s newest executive order that sought to restrict birthright citizenship. The ruling comes while a class‑action lawsuit filed by immigrant families and advocacy groups proceeds.
Legal background
The 14th Amendment, ratified in 1868, guarantees citizenship to anyone born on U.S. soil, with limited exceptions. The Supreme Court has repeatedly affirmed that children in the certified class are “citizens at birth.” Judge Boardman, a Biden‑appointed judge, referenced that precedent in her decision.
Trump administration’s plan
The administration argued that the order targeted “birth tourism,” defining it as a non‑immigrant visa holder who enters the United States solely to give birth. The order would deny citizenship documents to children born to adults who “engaged in a commercial transaction to purchase or access birthright citizenship,” as well as to children of parents linked to foreign embassies, organizations, or designated “alien enemies.”
Critics warned that the language could affect families who simply purchased airfare to the United States and later became pregnant, or families with extended relatives tied to foreign gangs, even though the parents themselves had no such connections.
Response from plaintiffs and the administration
Organizations suing the government, including We Are CASA, the Asylum Seeker Advocacy Project, and the Institute for Constitutional Advocacy and Protection, argued that the executive branch was taking an overly broad view of who qualifies as an “alien enemy,” often relying on speculation or misinformation.
The administration’s attorneys contended 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 that “no matter what the guidance says, the 2026 Executive Order commands agencies to deny citizenship documents to several broad categories of children.”
Impact and next steps
Shana Khader, legal director at We Are CASA, said the White House must recognize that it cannot strip children of their constitutional right to citizenship. The White House has not responded to requests for comment.
The case will continue as the courts evaluate the legality of the executive order against the Constitution and existing immigration law.
Original reporting: Dallas TX News (HLL/CB) — read the source article.