A US federal judge has blocked President Donald Trump’s latest attempt to limit birthright citizenship, keeping his executive order on hold while a wider legal challenge continues.
US District Judge Deborah L. Boardman in Maryland issued a preliminary injunction against the executive order, which the Trump administration said was aimed at tackling “birth tourism”. The ruling means the policy cannot be enforced against children covered under the certified class while the class-action lawsuit is being decided.
The case was brought by immigrant families and advocacy groups, who argued that the executive order threatened constitutional protections guaranteed to children born in the United States.
Birthright citizenship is currently protected under US law for nearly everyone born on American soil, with limited exceptions. The principle is rooted in the 14th Amendment to the US Constitution, which was ratified in 1868 following the Civil War.
Judge Boardman said children covered by the lawsuit remain citizens at birth under existing law. The ruling reinforces the legal protections surrounding birthright citizenship and prevents federal agencies from implementing the latest restrictions for now.
Trump has repeatedly sought to change how birthright citizenship is applied in the United States. Earlier efforts to restrict automatic citizenship for children born to certain immigrants have faced major legal challenges.
The latest executive order was issued in August and took a narrower approach. It targeted certain categories of children born in the US, including cases involving people connected to foreign embassies or organisations, individuals classified as “alien enemies”, and people accused of travelling to the country specifically to give birth.
The administration defined birth tourism as entering the United States on a nonimmigrant visa with the purpose of giving birth on American soil. US authorities already have the power to restrict visas in cases where officials determine that a person sought entry specifically to obtain citizenship benefits for a child.
However, families challenging the executive order argued that its language was too broad and could lead to children being denied citizenship based on circumstances unrelated to their parents' immigration status or intentions.
Some families told the court they feared their children could lose access to citizenship documents because of travel arrangements or other factors that could be interpreted under the executive order. Advocacy groups also raised concerns over how broadly the administration could define individuals considered “alien enemies”.
The lawsuit received support from organisations including We Are CASA, the Asylum Seeker Advocacy Project and the Institute for Constitutional Advocacy and Protection.
Lawyers representing the Trump administration argued that efforts to block the order were premature because government agencies had not yet issued detailed implementation guidance.
Judge Boardman rejected that argument, stating that the executive order itself directed federal agencies to deny citizenship documents to broad categories of children regardless of future guidance.
The White House did not immediately respond following the ruling.
For now, the preliminary injunction ensures that Trump’s latest executive order targeting birthright citizenship remains blocked as the legal challenge moves forward. The case could become another significant test of presidential authority and constitutional protections under the 14th Amendment.
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