Greenbelt, Maryland — A federal judge on Wednesday blocked President Donald Trump’s latest attempt to restrict birthright citizenship, saying the policy is almost certainly unconstitutional under the 14th Amendment and recent Supreme Court precedent.
U.S. District Judge Deborah Boardman issued a preliminary injunction preventing federal agencies from denying citizenship to children covered by the lawsuit while the case proceeds.
The administration’s August 6 executive order sought to revive limits on birthright citizenship by targeting what it described as “birth tourism.” The new directive followed an earlier Trump order that was challenged in court and ultimately rejected.
Boardman wrote that the latest policy conflicts with the Constitution’s Citizenship Clause, which grants citizenship to nearly everyone born on U.S. soil and subject to U.S. jurisdiction. She also pointed to the Supreme Court’s recent treatment of the issue as further support for blocking enforcement.
The lawsuit was brought by immigrant-rights groups including CASA and the Asylum Seeker Advocacy Project, which argued that the order would leave affected children without recognition as U.S. citizens despite being born in the country.
Justice Department attorneys had argued that the challenge was premature because federal agencies had not yet released final implementation guidance. That guidance was expected by Sept. 5.
The injunction prevents the administration from applying the new restrictions to the plaintiffs while litigation continues, setting up another legal fight over the scope of presidential authority on citizenship.
Sources
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