A federal judge has temporarily blocked President Trump’s latest executive order seeking to restrict birthright citizenship, marking the second time his efforts to narrow the 14th Amendment’s citizenship clause have been halted by federal courts. U.S. District Judge Deborah Boardman issued a preliminary injunction Wednesday in a case brought by immigration advocacy groups, finding the order likely violates the rights of those it targets.
The order, signed in August, aimed to deny citizenship to children of “alien enemies,” foreign government employees, and those engaging in “birth tourism” – traveling to the U.S. specifically to give birth. Judge Boardman’s ruling relies heavily on a June Supreme Court decision that rejected Trump’s initial attempt to end birthright citizenship, stating the children covered in that earlier case “are citizens at birth.” The judge found the new order “is almost certainly unconstitutional as applied” to those already defined as citizens by the Supreme Court.
Justice Department lawyers argued the Supreme Court ruling didn’t preclude the administration from issuing rules to narrow birthright citizenship, pointing to existing exceptions for children of diplomats and those considered “alien enemies.” However, Judge Boardman disagreed, asserting the administration is attempting to expand those exceptions beyond historically accepted limits. Attorneys for the plaintiffs, including CASA, contend the Trump administration is attempting to rewrite the Constitution.
The administration’s efforts have targeted what it terms “birth tourism,” alleging individuals travel to the U.S. for the sole purpose of obtaining citizenship for their children. The order also sought to block citizenship for children whose parents are deemed “alien enemies” due to affiliation with drug cartels. The legal challenge marks a continuation of Trump’s broader campaign to limit immigration, including proposals to expel millions of undocumented migrants and remove deportation protections.
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