A federal judge on Wednesday issued a preliminary injunction blocking President Donald Trump’s latest attempt to restrict birthright citizenship. US District Judge Deborah Boardman ruled that the administration cannot enforce the new policy, which was designed to narrow the exceptions to the 14th Amendment’s guarantee of citizenship for those born on U.S. soil. While the injunction prevents the immediate enforcement of the order, the judge is permitting federal agencies to continue drafting internal guidance on how such policies might be implemented.
The August executive order aimed to deny citizenship to children of non-citizens if a parent is classified as “an alien enemy,” a “foreign government employee,” or is involved in “birth tourism.” In her written opinion, Judge Boardman, an appointee of President Joe Biden, noted that the policy is likely unconstitutional. She emphasized that the order could potentially strip citizenship from children whom the Supreme Court had already affirmed as citizens in a ruling earlier this summer.
This legal challenge follows a broader effort by the Trump administration to curb birthright citizenship. Upon returning to office last year, the president issued an executive order targeting children of parents who were in the country unlawfully or held temporary status. That initial directive was struck down by the Supreme Court, which deemed it unconstitutional. The current, more limited order was intended to tighten existing laws, but it has now become the subject of multiple legal battles, including a separate pending case in New Hampshire.
Judge Boardman’s ruling specifically applies to the certified class of legal challengers, defined as children who would have been denied citizenship under the administration’s previous, more sweeping executive action. The White House has been contacted for comment regarding the court’s decision. The report also notes that “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, an appointee of President Joe Biden, wrote. The report also notes that trump has made curbing birthright citizenship a hallmark of his second term.