A federal judge on Wednesday blocked US President Donald Trump’s latest attempt to restrict birthright citizenship, partially halting an executive order issued after the Supreme Court struck down a broader effort last year.
US District Judge Deborah Boardman ruled that the administration cannot enforce the new, more limited policy. However, she allowed federal agencies to continue drafting guidance on how the order would be implemented, reports CNN.
In an opinion accompanying the preliminary injunction, Boardman wrote that the new policy was likely unconstitutional under the Supreme Court’s ruling this summer, which struck down Trump’s earlier attempt to end birthright citizenship.
The judge’s order applies directly to the certified class of legal challengers in the case, representing any children who would have been denied citizenship under the first executive order. The White House has been approached for comment.
The latest executive action, issued in August, sought to tighten existing laws and narrow recognised exceptions to birthright citizenship.
Under the 14th Amendment to the US Constitution, birthright citizenship is the principle that grants citizenship to anyone born on US soil, regardless of their parents’ immigration status.
Trump’s latest order directed federal agencies not to recognise the citizenship of children whose parents are not US citizens if either parent is “an alien enemy”, “a foreign government employee” or engaged in so-called birth tourism.
“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 wrote.
Boardman was appointed to the federal bench by President Joe Biden.
A second case challenging the new policy is currently pending in New Hampshire.
US Attorney General Todd Blanche said the administration was prepared for the ruling. Speaking to Fox News host Laura Ingraham on Wednesday, Blanche said the executive order had been crafted with an understanding of the Supreme Court’s decision.
“We didn’t expect this judge to say we were right and so this is not something that is a surprise to us,” Blanche said.
He later added, “If we have to go back to the Supreme Court, we will.”
Curbing US birthright citizenship has been a hallmark of Trump’s second term. Immediately after returning to office last year, he issued an executive order seeking to deny citizenship to babies born to parents who were unlawfully in the country or visiting under temporary status.
However, the Supreme Court rejected that initial order this summer, concluding that it was unconstitutional. The ruling prompted Trump to take the latest action that is now the focus of legal challenges.
