Judge Blocks Trump Executive Order Targeting Birthright Citizenship
U.S. Boardman issued a preliminary injunction in Maryland blocking President Donald Trump’s latest executive order restricting birthright citizenship. The judge cited binding Supreme Court precedent established in June, ruling that the administration cannot bypass the 14th Amendment to deny citizenship documents to specific categories of children.
Boardman Halts White House Order on Birthright Citizenship
Targeting ‘Birth Tourism’ and Embassy Ties
The latest legal confrontation stems from a narrow executive order signed in August 2026. The administration structured this directive to target “birth tourism” alongside children born to adults with connections to foreign embassies or organizations, or anyone classified as an “alien enemy” of the United States. According to the Associated Press, the order defines birth tourism as entering the country on a nonimmigrant visa specifically to give birth on American soil. Plaintiffs in the class-action lawsuit argued that this language creates systemic panic, leaving families afraid that routine commercial transactions, such as purchasing airfare, could be weaponized by federal agencies to strip newborns of constitutional rights.
Supreme Court Precedent and Executive Defiance
Chief Justice John Roberts authored the June Supreme Court decision that struck down the administration’s initial attempt to end birthright citizenship for babies born to parents unlawfully or temporarily present in the country. The 5-4 majority ruled that such children are indeed subject to the jurisdiction of the United States. Rather than conceding defeat, the White House introduced the August directive.
Plaintiffs’ counsel immediately pushed back against this maneuver, writing in court filings that if the president issues one hundred orders creating new exceptions to the Citizenship Clause, all one hundred will remain equally illegal. The administration’s attorneys countered that the injunction request was premature and that enforcing agencies would rely on official guidance. Judge Boardman rejected that defense, noting that the text of the 2026 executive order directly commands agencies to withhold citizenship paperwork regardless of internal agency memos.
Advocacy Coalitions and Continuing Legal Battle
The litigation involves robust advocacy coalitions, including We Are CASA, the Asylum Seeker Advocacy Project, and the Institute for Constitutional Advocacy and Protection.
Shana Khader, legal director at We Are CASA, emphasized in a prepared statement that the White House must recognize it will not succeed in stripping children of their constitutional rights or placing the executive agenda above foundational law.
Meanwhile, White House spokeswoman Lauren Bis maintained to The Independent that the administration always follows court orders and that all actions remain consistent with Supreme Court holdings. As the class-action lawsuit proceeds toward a definitive resolution, federal agencies remain legally barred from enforcing the contested citizenship restrictions.