US judge partially blocks Trump’s latest birthright citizenship order

A US federal judge has partially blocked President Donald Trump’s latest attempt to restrict birthright citizenship, saying the policy is likely unconstitutional while allowing agencies to continue preparing guidance for its implementation.

US District Judge Deborah Boardman’s order applies to the certified class of challengers in the case, including children who would have been denied citizenship under Trump’s original executive order. She cited the Supreme Court’s August decision rejecting that broader effort.

“If not enjoined as to the class, the 2026 Executive Order could deny the right to citizenship by birth to children whom the Supreme Court declared were citizens,” Boardman wrote. She was appointed by former President Joe Biden.

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likely unconstitutional

Trump’s latest order sought to narrow recognized exceptions to the principle established under the 14th Amendment, which grants citizenship to people born on US soil regardless of their parents’ immigration status. The order directed federal agencies not to recognize citizenship for children whose parents are not US citizens if either parent is an “alien enemy,” a foreign government employee or involved in so-called birth tourism.

Trump issued his original order after returning to the White House in January last year. It sought to deny citizenship to babies born in the United States to parents who were unlawfully present or visiting under temporary status. The Supreme Court rejected that order by a 6-3 vote. A separate case challenging the newer policy remains pending in New Hampshire.

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If not enjoined as to the class, the 2026 Executive Order could deny the right to citizenship by birth to children whom the Supreme Court declared were citizens.