A US federal judge has blocked the Trump administration from enforcing its latest executive order aimed at limiting birthright citizenship for children born in the United States.
US District Judge Deborah Boardman in Maryland issued a preliminary injunction on Wednesday, September 2, after immigrant rights groups asked the court to stop the administration from implementing the new policy.
The ruling follows a June decision by the US Supreme Court rejecting President Donald Trump’s earlier attempt to restrict birthright citizenship for children whose parents are neither US citizens nor lawful permanent residents.
Trump signed the latest executive order on August 6, targeting what his administration describes as “birth tourism,” in which foreign nationals travel to the United States to give birth so their children can obtain US citizenship.
The new order also seeks to deny citizenship in certain circumstances involving children whose parents work for foreign governments, commit fraud or engage in transactions intended to obtain citizenship.
Judge Boardman said the latest order was “almost certainly unconstitutional” as applied to children covered by an existing class-action lawsuit, noting that the Supreme Court had already determined that those children are citizens at birth.
Her order prevents agencies including the State Department, Department of Homeland Security and Social Security Administration from denying or failing to recognise the citizenship of children covered by the lawsuit.
The Justice Department had argued that the lawsuit was premature because federal agencies had not yet issued detailed guidance explaining how the new order would be implemented.
However, Boardman rejected that argument, saying the wording of the executive order indicated that it could apply broadly to children who met its criteria, regardless of when they were born.
The judge said federal agencies could still prepare implementation guidance but could not enforce the order against members of the certified class while the injunction remains in place.
The ruling represents another legal setback for Trump’s efforts to change the longstanding interpretation of birthright citizenship under the 14th Amendment to the US Constitution.
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