A federal judge in Maryland has issued a nationwide injunction blocking President Donald Trump’s executive order seeking to end automatic citizenship for children born on U.S. soil to undocumented immigrants and certain temporary visa holders.
U.S. District Judge Deborah L. Boardman ruled Wednesday that Trump’s order is “blatantly unconstitutional” and conflicts with both the 14th Amendment and a long-standing Supreme Court precedent.
“The executive 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,” Boardman wrote. “The United States Supreme Court has resoundingly rejected the president’s interpretation of the citizenship clause of the 14th Amendment. In fact, no court in the country has ever endorsed the president’s interpretation. This court will not be the first.”
The ruling comes after a federal judge in Seattle issued a temporary restraining order against the executive order last month. Boardman’s decision now provides a more lasting block, preventing the administration from implementing the policy while legal challenges continue.
Trump’s Order
Signed on Trump’s first day back in office, the executive order seeks to deny birthright citizenship to children born in the U.S. to undocumented immigrants, as well as to some children whose parents are in the country on temporary visas, such as students or workers. Under the order, children born after Feb. 19, 2024, to noncitizen parents would not be recognized as U.S. citizens.
The lawsuit challenging the order was brought by immigrant rights groups CASA and the Asylum Seeker Advocacy Project, along with five pregnant women who are either undocumented or in the U.S. on temporary visas.
Boardman challenged the Trump administration’s claim that the 14th Amendment has been misinterpreted for over a century. “What executive other than President Trump has taken this position?” she asked. When a Justice Department attorney referenced a 1910 report and an 1885 State Department action, Boardman quickly pointed out that the Supreme Court had settled the issue in Wong Kim Ark over a decade later.
What Happens Next?
The Justice Department has not yet commented on the Maryland ruling, but the White House vowed to continue the legal fight. “President Trump was given a resounding mandate to end the disregard and abuse of our immigration laws and to secure our borders,” White House spokesman Kush Desai said. “The Trump administration will continue to put Americans and America first.”
Trump has already announced plans to appeal the Seattle ruling, and further legal battles are expected. Meanwhile, Judge Boardman made it clear that the status quo should remain in place while the case plays out in court. “What’s the harm if we push the pause button, keep the status quo as it’s been for 250 years and let this question be decided on the merits?” she asked.