A judge appointed by President Biden has stopped an executive order by former President Donald Trump aiming to restrict birthright citizenship. This decision introduces a high-profile legal struggle over the 14th Amendment. Judge Deborah Boardman of the U.S. District Court issued a preliminary injunction against the executive order dated August 6. This injunction follows the Supreme Court’s June decision affirming birthright citizenship in a previous case.
The executive order aimed to limit birthright citizenship for children whose parents are considered alien enemies, including members of certain Foreign Terrorist Organizations. Additionally, it targeted children whose parents used surrogates in the U.S., among other restrictions. This led Court Appointed Special Advocates (CASA) to sue the Trump administration.
The 2026 Executive Order is almost certainly unconstitutional as applied to the certified class because the Supreme Court already decided that children in the class are citizens at birth,
Boardman stated. She halted the enforcement of the executive order once more.
The White House dismissed Boardman’s decision as activism by a judge chosen by Biden. They argued that Trump’s executive order aligned with Supreme Court decisions.
In a 5-4 decision, the Supreme Court confirmed that children born in the U.S. to parents unlawfully or temporarily present are citizens at birth under the 14th Amendment.
The Supreme Court has acknowledged certain exceptions, like children of diplomats or those born during hostile occupations. However, Boardman rejected Trump’s attempts to classify children as ineligible based on parental affiliations with foreign enemies. She pointed out that some administrative conclusions were based on speculative evidence or irrelevant markers like tattoos.
Boardman highlighted the concerns of two plaintiffs, Andrea and Monica, from Mexico and Venezuela, respectively, who feared erroneous associations with enemy groups.
Former Justice Department official Abhi Kambli commented on the ruling. He noted that Boardman was cautious about how the Trump administration might wrongly deny citizenship to children based on flawed affiliations. He explained the legal standard for a facial challenge.
Boardman used the First Circuit’s language, stating that denying citizenship would cause irreparable harm, fulfilling a condition for the preliminary injunction.
Monica expressed relief with the ruling, stating her child is temporarily protected and ensured U.S. citizenship, though the fight for permanent protection continues.
Legal director Shana Khader remarked that the Trump administration has repeatedly failed to revoke birthright citizenship, losing in different courts. She emphasized her organization’s commitment to defending constitutional rights against anti-immigrant policies.