U.S. President Donald Trump reacts as he delivers remarks on AI infrastructure at the Roosevelt room at White House in Washington, U.S., January 21, 2025. REUTERS/Carlos Barria/File Photo
Federal Judge Blocks Trump Administration’s Birthright Citizenship Order
A second federal judge has issued an injunction against President Donald Trump’s executive order to curtail U.S. birthright citizenship, ruling that no U.S. court has ever supported the administration’s interpretation of the Constitution’s 14th Amendment.
Court Ruling and Legal Justification
U.S. District Judge Deborah Boardman, presiding in Greenbelt, Maryland, sided with two immigrant rights groups and five pregnant women who argued that their children risked being denied U.S. citizenship due to their parents’ immigration status. Boardman, an appointee of former President Joe Biden, issued a nationwide preliminary injunction on Wednesday, blocking the order before its scheduled implementation on February 19.
“Today, virtually every baby born on U.S. soil is a U.S. citizen upon birth,” Boardman stated. “That is the law and tradition of our country. That law and tradition are and will remain the status quo pending the resolution of this case.”
The Justice Department requested 60 days to respond but did not indicate whether the Trump administration would appeal the ruling.
Background and Nationwide Challenges
Boardman’s ruling follows a 14-day temporary pause issued on January 23 by Judge John Coughenour in Seattle, who described Trump’s order as “blatantly unconstitutional.” Coughenour is scheduled to review a request for a preliminary injunction on Thursday.
The Maryland case is one of at least eight lawsuits filed across the country by Democratic state attorneys general, immigrant rights organizations, and expectant mothers challenging Trump’s policy.
Implications of Trump’s Executive Order
Signed on January 20, Trump’s order directed U.S. agencies to refuse citizenship to children born in the United States unless at least one parent is a U.S. citizen or lawful permanent resident. Under the policy, children born after February 19 to parents who lack these statuses would be:
- Subject to deportation
- Ineligible for Social Security numbers and government benefits
- Prevented from working legally in the U.S.
According to lawsuits filed by Democratic attorneys general from 22 states, more than 150,000 newborn children would be denied citizenship annually if the policy were implemented.
Legal Arguments and Constitutional Debate
Trump’s administration claims that prior presidential administrations misinterpreted the 14th Amendment’s Citizenship Clause. The Justice Department argues that the 1898 Supreme Court ruling in United States v. Wong Kim Ark, which upheld birthright citizenship, applied only to children of parents with “permanent domicile and residence” in the U.S.
“Illegal aliens are not permitted to be in the U.S. at all,” Justice Department attorney Eric Hamilton stated in defense of the order.
However, Judge Boardman rejected the administration’s argument, stating:
“Trump’s order conflicts with the plain language of the 14th Amendment, contradicts 125-year-old binding Supreme Court precedent, and runs counter to our nation’s 250-year history of citizenship by birth.”
Next Steps and Future Hearings
The Maryland case is one of four set for hearings between Wednesday and Monday, as plaintiffs seek additional legal blocks before the February 19 deadline. Meanwhile, the Seattle and Boston federal courts will soon weigh in on the matter, potentially leading to further legal challenges.
The Trump administration has not yet indicated whether it will appeal Boardman’s ruling.
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