Judge Blocks Trump’s Latest Attempt to Narrow Birthright Citizenship

A federal judge has halted President Donald Trump’s latest effort to restrict birthright citizenship, finding that the order is almost certainly unconstitutional for the people covered by the lawsuit.

U.S. District Judge Deborah Boardman temporarily barred the administration from enforcing the order on Wednesday. She said the plaintiffs were likely to succeed in showing that it violates the 14th Amendment, which grants citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.”

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the law of the land

Boardman also relied on the Supreme Court’s earlier ruling on the administration’s first attempt to end birthright citizenship. Calling that decision “the law of the land,” she said, “The 2026 Executive Order is almost certainly unconstitutional as applied to the certified class for the simple reason that the Supreme Court in Barbara already decided that the children in the class are citizens at birth.”

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The 2026 Executive Order is almost certainly unconstitutional as applied to the certified class for the simple reason that the Supreme Court in Barbara already decided that the children in the class are citizens at birth.

She added, “This Court must, once again, preliminarily enjoin enforcement of the President’s most recent attempt to strip the right to citizenship from them.” CBS News said it had sought comment from the White House.

Trump’s new order targeted so-called birth tourism, described as traveling to the United States before giving birth as part of a “commercial transaction.” It also sought to deny citizenship to children whose parents are classified as “alien enemies” because of alleged ties to terrorist organizations, a designation the administration has applied to drug cartels.

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This Court must, once again, preliminarily enjoin enforcement of the President’s most recent attempt to strip the right to citizenship from them.

Justice Department lawyers argued that the Supreme Court’s summer ruling did not prevent the administration from creating narrower limits. They said the court had ruled only that children of temporary or undocumented immigrants “are not disqualified from birthright citizenship,” and had not established that every child born to those parents is a citizen without exceptions. Lawyers for the plaintiffs, including immigrants and the advocacy group CASA, countered that historically accepted exceptions are narrow and that the order unlawfully attempts to expand them.

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The President has no power to unilaterally rewrite the Constitution, and he should be enjoined from denying citizenship to the members of the certified class under this or any other Executive Order.