A federal judge has halted President Trump’s second attempt to restrict birthright citizenship, ruling that the administration cannot deny citizenship to children born on American soil to parents in the country illegally or temporarily.
U.S. District Judge Deborah L. Boardman in Maryland granted a preliminary injunction Wednesday against Trump’s August executive order, which the White House had framed as targeting “birth tourism.” The order will remain blocked until a class-action lawsuit brought by immigrant families and advocacy groups reaches final resolution.
“The Supreme Court has spoken: Children in the certified class are ‘citizens at birth,'” wrote Boardman, who was appointed by President Biden.
Second Failed Attempt in Three Months
Trump first tried to end birthright citizenship through executive order in January 2025, declaring that children born to parents in the U.S. illegally or temporarily would not be American citizens. The Supreme Court struck down that order in June.
The president issued his revised order in August, reframing the policy as an effort to combat “birth tourism”—the practice of traveling to the United States specifically to give birth and secure American citizenship for the child.
Birthright citizenship has been guaranteed under U.S. law since 1868, when the 14th Amendment was ratified following the Civil War. The amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The only exceptions apply to children of foreign diplomats and hostile occupying forces.
What Happens Next
The preliminary injunction prevents the administration from enforcing the executive order while the lawsuit proceeds through the courts. The case will eventually determine whether any executive action can override the 14th Amendment’s citizenship guarantee.
Legal scholars across the political spectrum have long argued that changing birthright citizenship would require a constitutional amendment, not executive action. That process demands two-thirds approval from both houses of Congress and ratification by three-fourths of state legislatures.
The administration has not indicated whether it will appeal Boardman’s ruling or attempt a third version of the order with different language.
Key Points
- Federal judge blocked Trump’s August order restricting birthright citizenship, his second failed attempt since January
- The 14th Amendment has guaranteed citizenship to anyone born on U.S. soil since 1868, with narrow diplomatic exceptions
- Legal experts say changing birthright citizenship requires constitutional amendment, not executive action
https://www.courthousenews.com/a-judge-blocks-trumps-new-bid-to-curb-birthright-citizenship-citing-supreme-court-precedent/ – September 03, 2026
