A federal court has issued another setback to Donald Trump’s efforts to restrict birthright citizenship in the United States. U.S. District Judge Deborah L. Boardman granted a preliminary injunction against the administration’s August 2026 executive order, holding that children covered by an existing Supreme Court ruling remain U.S. citizens at birth. The legal dispute centers on the Fourteenth Amendment and the administration’s attempt to limit automatic citizenship based on parents’ immigration status. The case was brought by CASA Inc., the Asylum Seeker Advocacy Project, and individual plaintiffs.
US Birthright Citizenship Order Faces New Setback as Judge Deborah L. Boardman Blocks Donald Trump’s Latest Executive Action
U.S. District Judge Theodore D. Chuang on Friday put a partial hold on President Donald Trump’s latest executive order on birthright citizenship, ruling that children already protected by a Supreme Court decision are still U.S. citizens at birth.
A federal judge on Monday blocked President Donald Trump’s latest effort to restrict automatic citizenship for some children born on U.S. soil, reigniting a major legal battle over birthright citizenship.
A Maryland judge has issued a preliminary injunction against an executive order Donald Trump signed in August 2026. U.S. District Judge Deborah L. Boardman signed the order. The order sought to deny citizenship to some U.S.-born children based on the immigration status, activities, or affiliations of their parents.
The ruling is another major judicial setback for the Trump administration’s efforts to limit the scope of birthright citizenship, a principle enshrined in the US Constitution’s Fourteenth Amendment and long upheld by federal courts.
Supreme Court Ruling Shapes Latest Birthright Citizenship Dispute
Judge Deborah L. Boardman noted in her order that the constitutional question had already been decided by the United States Supreme Court in June. The ruling came over an earlier executive order Donald Trump signed soon after he returned to the White House.
On January 20, 2025, Donald Trump signed an executive order restricting birthright citizenship to children born in the US to parents who were unlawfully or temporarily in the country.
Later, the Supreme Court ruled that children born in the United States to such parents are “citizens at birth.” What June did was essentially reverse the previous executive order, reaffirming existing constitutional protections.
“The position of the Supreme Court remains binding,” Judge Deborah L. Boardman said. In her written order, she said children in the certified class in the current lawsuit are still recognized as citizens at birth.
The case was brought by CASA Inc., the Asylum Seeker Advocacy Project and individual plaintiffs who challenged the administration’s latest executive action. Their legal challenge said the order was at odds with constitutional protections already recognized by the nation’s highest court.
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Details of Donald Trump’s August Executive Order Under Scrutiny
The August executive order sought to create a number of categories in which federal agencies would deny citizenship to some US-born children. Administration officials said the measure was part of a broader effort to address concerns about birth tourism.
The categories of children identified were those whose parents were designated as "alien enemies," worked for foreign governments or international organizations, or were alleged to have engaged in commercial transactions or fraud in connection with obtaining birthright citizenship benefits.
Judge Deborah L. Boardman made clear that her ruling did not address whether each component of the August order was unconstitutional. Instead, she considered whether the order could be applied to people already covered by the Supreme Court’s earlier ruling.
The judge ruled that the executive order “almost certainly is unconstitutional” as it applies to the certified class, since the Supreme Court has already ruled that, under the current interpretation of the Constitution, children born to those parents are citizens at birth.
The court rejected the Trump administration’s arguments that the lawsuit was premature because federal agencies had not yet issued detailed guidance on how to implement the executive order.
Broader Legal Implications and What Comes Next
Any period of uncertainty around citizenship status, even if it’s temporary, can have major legal and practical impacts on the children and families involved, warned Judge Deborah L. Boardman.
She also said the balance of equities and the wider public interest was in favor of avoiding confusion and disruption while the legal challenge works its way through the courts.
The decision was yet another blow to Donald Trump’s efforts to redefine birthright citizenship through executive action, Sprouts News reported. But legal experts say bigger questions surrounding the August order may ultimately have to be decided by a court.
Immigration lawyers say that future court action could look more closely at other parts of the executive order to see if they can pass constitutional muster.
For now, the ruling bolsters the authority of the Supreme Court’s earlier ruling and ensures that children covered by that ruling are recognized as United States citizens at birth while the legal battle continues.





















