Federal Judge Blocks Donald Trump's Move to Limit Birthright Citizenship in the US
A federal judge on Wednesday blocked the latest attempt by President Donald Trump to limit citizenship based on birthright. This decision halts part of the executive order issued by Trump after the Supreme Court overturned a broader, similar policy last year.
US District Judge Deborah Boardman stated that the government cannot implement this new, more restrictive policy. Nevertheless, the judge allowed government agencies to continue drafting technical guidelines regarding its implementation.
In the opinion accompanying the provisional ruling, Boardman assessed that this new policy is highly likely to be unconstitutional, based on the Supreme Court’s decision this summer which invalidated Trump’s initial attempt to abolish birthright citizenship.
The judge’s order applies to the group of plaintiffs registered in the case, namely children at risk of losing citizenship rights under the first executive order.
The latest executive action, issued last August, aimed to tighten existing laws and narrow the recognised exceptions within birthright citizenship. The principle enshrined in the 14th Amendment of the US Constitution grants citizenship status to anyone born within US territory, regardless of the immigration status of their parents.
In his latest order, Trump stipulated that federal agencies would not recognise the citizenship of children of non-citizen parents if one parent is a “foreign adversary”, a “foreign government official”, or involved in practices known as birth tourism.
“If not prohibited for the plaintiffs in this case, Executive Order 2026 could revoke birthright citizenship rights for children who have already been declared citizens by the Supreme Court,” wrote Boardman, a judge appointed during the Joe Biden administration.
Trump has made the restriction of birthright citizenship a primary focus of his second term. Immediately upon returning to office last year, Trump issued an executive order attempting to deny citizenship to infants of parents in the US illegally or with temporary permit status.
However, that order was rejected by the Supreme Court this summer as being unconstitutional, which subsequently prompted Trump to issue the latest policy that has now resulted in legal challenges. A second case challenging this new policy is also currently underway in New Hampshire.