A US federal judge on Wednesday blocked President Donald Trump’s latest attempt to restrict birthright citizenship, partially halting an executive order issued after the Supreme Court rejected his broader effort to end the longstanding practice.
US District Judge Deborah Boardman ruled that the latest policy was “likely unconstitutional”, citing the Supreme Court’s August decision against Trump’s earlier attempt to restrict birthright citizenship.
However, Boardman allowed federal agencies to continue preparing guidance needed to implement the policy. Her 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.
“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, who was appointed by former President Joe Biden, wrote in her opinion.
Trump Seeks to Narrow Birthright Citizenship
Trump’s latest executive action sought to tighten existing rules and narrow the recognised exceptions to birthright citizenship, a principle rooted in the 14th Amendment that generally grants US citizenship to people born on American soil regardless of their parents’ immigration status.
Under the new order, federal agencies would not recognise the citizenship of children born in the US when neither parent is a US citizen and either parent falls into specified categories, including being an “alien enemy”, a foreign government employee or someone involved in so-called birth tourism.
The policy has faced immediate legal challenges from groups arguing that the administration cannot restrict a constitutional guarantee through executive action.
Supreme Court Previously Rejected Trump’s Broader Order
Shortly after returning to the White House in January last year, Trump issued an executive order seeking to deny citizenship to babies born in the United States when their parents were unlawfully present or in the country under temporary immigration status.
The Supreme Court subsequently rejected that broader order in a 6-3 decision, finding the policy unconstitutional.
Trump then issued the narrower executive action that is now being challenged in federal court.
Boardman’s latest ruling prevents the administration from applying the policy to the certified class of challengers while allowing preparatory work to continue.
A separate lawsuit challenging the new birthright citizenship policy is also pending in New Hampshire.
