A federal judge put a stop on Wednesday to a recent executive order from Trump aimed at denying birthright citizenship to children of foreigners who enter the U.S. through a "commercial transaction" to gain this benefit, a practice commonly referred to as "birth tourism." The order also targeted children of individuals labeled as "foreign enemies."
Judge Deborah Boardman, appointed by former President Biden and serving in the District of Maryland, issued a preliminary injunction that prevents the enforcement of this order, which was signed by Trump last month.
Judge Boardman based her decision on the premise that the new rule is in direct contradiction to a Supreme Court ruling from June. This ruling had invalidated the main provisions of a broader directive Trump had signed on his first day in office.
"The Supreme Court has spoken," Boardman stated in her ruling. She emphasized that the decision made in June "is the law of the land. The President must adhere to it."
Trump's initial executive order on birthright citizenship, signed in January 2025, sought to revoke this right for children of foreigners without legal status or holding temporary visas. After being blocked by the courts, the case reached the highest court, which in June 2026 struck down its key elements.
In response to this setback, the administration attempted a new approach with a narrower order in August, arguing it only addressed exceptions left open by the Supreme Court's decision.
Judge Boardman dismissed this reasoning outright, describing it as a "distorted interpretation" of the Supreme Court's ruling.
The injunction issued by Boardman prohibits the enforcement of the new order for any child born after February 19, 2025.
Although Justice Department attorneys argued before the court that the rule was not retroactive, Judge Boardman noted they failed to provide any "affidavit" to support their claim.
"The text of the order strongly supports a reading that it applies retroactively," Boardman wrote in her decision.
Birthright citizenship in the United States is guaranteed by the 14th Amendment to the Constitution, ratified in 1868, which states that all persons born in U.S. territory and subject to its jurisdiction are citizens.
This provision has historically been interpreted broadly by courts across the nation.
"Birth tourism" is a practice that directly impacts Latino communities, including Cubans, who in recent years have traveled to the U.S. to give birth and secure American citizenship for their children.
The blocked order would have affected these families if they had entered the country through what the rule defines as a "commercial transaction" for that purpose.
Neither the White House nor the Department of Justice immediately responded to requests for comment. The case remains in litigation, and the government is expected to appeal the decision.
Legal disputes over birthright citizenship and other immigration policies of the Trump administration continue to evolve. In our U.S. Immigration section, you'll find the most up-to-date coverage on these and other issues affecting the immigrant community.
Key Questions about Birthright Citizenship and Legal Disputes
What is the significance of the 14th Amendment in birthright citizenship?
The 14th Amendment guarantees that all individuals born in the United States are citizens, and courts have traditionally interpreted this broadly.
Why was Trump's executive order on birthright citizenship challenged?
The order was challenged because it attempted to deny citizenship rights established by the 14th Amendment, contradicting a Supreme Court decision.
What is 'birth tourism' and who does it affect?
'Birth tourism' refers to the practice of traveling to the U.S. to give birth in order to secure citizenship for the child, impacting various immigrant communities, including Latinos and Cubans.