In a major legal setback for President Donald Trump’s birthright citizenship ban, a second federal judge has blocked his executive order aimed at ending birthright citizenship, ruling that it likely violates the U.S. Constitution and contradicts over two centuries of established citizenship laws.
U.S. District Judge Deborah Boardman issued a nationwide preliminary injunction on Wednesday, effectively halting the enforcement of Trump’s controversial order. The ruling underscores the significant legal challenges facing the executive directive, which was signed on January 20 and immediately met with lawsuits from immigrant rights groups and affected families.
Judge Denounces Trump’s Order as Unconstitutional
During a hearing in Maryland, Judge Boardman emphasized that the order directly contradicts the language of the 14th Amendment and Supreme Court precedent that has upheld birthright citizenship for more than 125 years.
“The order conflicts with the plain language of the 14th Amendment, contradicts long-standing Supreme Court rulings, and runs counter to our nation’s 250-year history of granting citizenship by birth,” Boardman stated.
She further reinforced her position by rejecting the Trump administration’s legal interpretation, declaring, “No court in this country has ever endorsed the president’s interpretation. This court will not be the first.”
Legal Battle Intensifies as Case Heads for Appeal
The injunction, which halts the executive order while litigation continues, is expected to be challenged by Trump’s legal team in a Richmond-based federal appeals court. Experts believe the case could ultimately reach the Supreme Court, where a final verdict will determine the fate of birthright citizenship in the United States.
The lawsuit in Maryland was filed by five pregnant women and two immigrant rights organizations, arguing that the order could strip citizenship from future children born to undocumented immigrants and temporary visitors. Boardman’s ruling applies nationwide, ensuring relief for all affected individuals and families.
Eric Hamilton, a lawyer representing the Trump administration, argued that the 14th Amendment was never intended to provide automatic citizenship to children of undocumented immigrants and temporary visitors. He contended that blocking the order was premature, as federal agencies had not yet begun crafting specific policies around it.
However, Boardman dismissed this argument, stating, “Why do we need more than what is in the executive order to understand the policy?” Her ruling emphasized the “irreparable harm” that Trump’s directive could cause, particularly for families facing uncertainty about their children’s legal status.
The decision was celebrated by immigrant rights groups, who had warned that the executive order would create chaos and fear among affected communities.
“Today, the court made the right decision to temporarily block the Birthright Citizenship Executive Order,” said Swapna Reddy, co-executive director of the Asylum Seeker Advocacy Project. “The order has created unnecessary fear for families who want nothing more than for their children to grow up as American citizens in the only country they have ever known.”
Trump’s order, titled ‘Protecting the Meaning and Value of American Citizenship,’ sought to prevent the federal government from recognizing citizenship for children born on U.S. soil to parents who are undocumented or in the country temporarily. The directive stated it would only apply to individuals born 30 days after its enactment.
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With multiple legal challenges ongoing, the debate over birthright citizenship is far from over. As appeals make their way through the courts, the final decision may rest with the Supreme Court, setting a precedent that could reshape immigration policy in the U.S.
Do you believe the 14th Amendment should be reinterpreted, or should birthright citizenship remain protected? Share your thoughts.