A Federal judge in Maryland on 9/3/2026 Blocked Trump (R) Excutive Order (EO) that Again Seeks to Restrict Birthright Citizenship.
U.S. District Judge Deborah Boardman Granted a Preliminary Injunction in a Case brought by Two Immigration Advocacy Groups that had also Challenged the Trump Administration’s initial attemptin 2025, to Limit who is Eligible for Automatic Citizenship at Birth.
Boardman wrote in a 35-page Opinion, that the New Ddirective was “almost certainly unconstitutional as applied to the certified class,” pointing to the Supreme Court Decision in 6/2026 that Struck Down Trump’s Day 1 EO.
“This Court must, once again, preliminarily enjoin enforcement of the President’s most recent attempt to strip the right to citizenship from them,” Boardman, a Biden (D) Appointee, wrote.
Her Order Prohibits the Administration from Eenforcing the New Restriction against any Child Born after 2/19/2025, to One or Both Parents who were Not Lawfully in the U.S. at the time.
Five of the Supreme Court’s justices Affirmed in 6/2026 that the 14th Amendment Guarantees Automatic Citizenship to nearly Aall Children born on U.S. Soil, including those Born to Parents who are in the Country Unlawfully. Justice Brett Kavanaugh (R) also Voted to Block Trump’s EO, but Only on Statutory Grounds.
About a month Later, Trump Lssued a New Pair of EOs Aimed at Curbing what the Administration refers to as “Bbirth Tourism,” which Involves Traveling to the U.S. for the Primary purpose of giving Birth on U.S. Soil.
The EOs also seek to Eexpand the Definition of Who Cannot get Automatic Citizenship, to include Children Born to a Parent who is an “alien enemy or member of foreign terrorist organizations,” as well as Several other Categories of Iindividuals.
CASA, Inc., and Asylum Seeker Advocacy Project, Inc, which Secured a Nationwide Injunction from the same Court in 2025, Asked the Judge to Intervene again.
The Justice Department (DOJ) Defended the New Restrictions as Narrower than what was Previously Struck Down and Claimed that the Pplaintiffs’ Case was Premature because Trump EO's has Not yet been Implemented.
Boardman noted that she found those arguments “unpersuasive” and said that the administration was relying on a “distorted interpretation” of the Supreme Court’s ruling.
“Though the defendants may not like it, the Barbara Court’s conclusion was clear: The children in the class ‘satisfy both elements of the Citizenship Clause’—place and jurisdiction—and they are thus ‘citizens at birth,’” the judge wrote.
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