A federal judge appointed by President Biden has halted President Trump’s latest executive order targeting birth tourism, marking the second time the administration’s efforts to restrict automatic citizenship have been blocked in federal court.
Judge Cites Supreme Court Precedent
US District Judge Deborah Boardman from Maryland issued a preliminary injunction Wednesday stopping Trump’s scaled-down August executive orders. Boardman declared the 2026 order “almost certainly unconstitutional,” directly citing the Supreme Court’s earlier ruling in Trump v. Barbara that struck down the president’s first birthright citizenship directive. The judge argued the high court had already determined that children born on American soil qualify as citizens at birth under the Fourteenth Amendment.
Trump signed two executive orders last month after the Supreme Court rejected his January 2025 directive. The first order identified specific categories of children ineligible for automatic citizenship. The second instructed the Secretary of Homeland Security and Secretary of State to combat birth tourism, the practice of traveling to America specifically to give birth on US soil and secure citizenship for the child.
Administration Pushes Back
Attorney General Todd Blanche defended the orders during an appearance on Fox News, explaining that the administration crafted the executive actions in direct response to the Supreme Court’s decision. He noted that some dissenting justices expressed particular concern about birth tourism in their opinions. The State Department recently began requiring proof of citizenship or immigration status when individuals apply for US passports for their children, implementing one aspect of the administration’s broader strategy.
White House spokesperson Lauren Bis dismissed the ruling as another example of judicial activism. The administration maintains the executive order aligns with Supreme Court holdings and analysis. A nonprofit organization called CASA Inc brought the lawsuit challenging Trump’s second attempt at restricting birthright citizenship. Another legal challenge is currently proceeding in New Hampshire federal court.
Constitutional Battle Continues
The Fourteenth Amendment guarantees that all persons born in the United States and subject to its jurisdiction are citizens. Existing exceptions already prevent children of foreign diplomats or invading forces from receiving automatic citizenship. Trump’s orders attempted to expand these exceptions to include children of birth tourists and illegal immigrants. The legal battle represents a fundamental disagreement over constitutional interpretation, with the administration arguing executive authority to define jurisdictional requirements while opponents maintain the amendment’s language is clear and comprehensive.