Federal judge blocks Trump’s latest attempt to restrict birthright citizenship
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Federal judge blocks Trump’s latest attempt to restrict birthright citizenship

Sep 3, 2026Updated 6:48am ET

A federal judge in Maryland has issued a preliminary injunction blocking President Donald Trump’s August executive order that would deny U.S. citizenship at birth to certain U.S.-born children, citing the 14th Amendment and Supreme Court precedent.

A federal judge in Maryland has issued a preliminary injunction blocking President Donald Trump’s August executive order that would deny U.S. citizenship at birth to certain U.S.-born children, citing the 14th Amendment and Supreme Court precedent.

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What This is

  • U.S. District Judge Deborah Boardman in Maryland blocked enforcement of Trump’s August order narrowing birthright citizenship while a lawsuit moves forward.
  • Boardman said the order is likely unconstitutional under the 14th Amendment and conflicts with Supreme Court precedent that children born in the United States are citizens at birth.
  • Immigrant families and advocacy groups, including CASA, sued in a class-action case arguing the order could wrongly strip citizenship from newborns through broad and unclear categories.
  • The executive order targeted what the administration called “birth tourism” and would deny citizenship in specified situations, including children of certain foreign government employees and people labeled “alien enemies.”
  • The Justice Department argued the legal challenge was premature and said agencies could develop guidance on how the order would be applied.
  • Several accounts describe the injunction as applying to a certified class of families rather than everyone nationwide.
  • After an earlier Supreme Court decision rejecting a broader effort to end birthright citizenship, House Republicans held hearings and some officials urged Congress to try new laws narrowing who qualifies.
  • Separately, the State Department proposed draft passport guidance that would require parents to show their own citizenship or immigration status when applying for passports for U.S.-born children.

Why This Matters

  • The case helps define how far a president can go, by executive order, in changing who counts as a citizen at birth.
  • It affects legal certainty for families, because citizenship at birth shapes access to passports, work authorization, and many basic rights.
  • The fight highlights a deeper clash over what “born in the United States” means in the Constitution and whether narrow exceptions exist.
  • It can shift immigration politics toward Congress and agencies, as lawmakers consider new statutes and agencies adjust paperwork rules like passport requirements.

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