In a significant legal development, U.S. District Judge Deborah L. Boardman of Maryland has issued a nationwide preliminary injunction against President Donald Trump’s executive order aimed at ending birthright citizenship.
This ruling temporarily halts the administration’s efforts to redefine citizenship rights under the Fourteenth Amendment.
Background of the Executive Order
On January 20, 2025, President Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship.”
The order sought to deny U.S. citizenship to children born on American soil to parents who are either unlawfully present or in the country on temporary visas, effective February 19, 2025. Specifically, the order stipulated that a child born in the U.S. would not be granted citizenship if:
- The mother was unlawfully present, and the father was neither a U.S. citizen nor a lawful permanent resident at the time of birth.
- The mother was in the U.S. on a temporary visa, and the father was neither a U.S. citizen nor a lawful permanent resident.
Legal Challenges and Arguments
The executive order faced immediate legal challenges from various immigrant advocacy groups and affected individuals. A lawsuit filed in Maryland represented five pregnant women and two nonprofit organizations advocating for immigrants’ rights.
The plaintiffs argued that the order violated the Fourteenth Amendment, which guarantees citizenship to all persons born or naturalized in the United States.
They contended that the executive order would unlawfully strip their future children of citizenship rights, potentially rendering them stateless.
The Fourteenth Amendment’s Citizenship Clause has historically been interpreted to grant citizenship to nearly all individuals born on U.S. soil, regardless of their parents’ immigration status.
The plaintiffs cited the 1898 Supreme Court case United States v. Wong Kim Ark, which affirmed that a child born in the U.S. to foreign parents is a citizen by birth under the Fourteenth Amendment.
Court’s Ruling
Judge Boardman, appointed by former President Joe Biden, granted the preliminary injunction, stating that the plaintiffs demonstrated a likelihood of success on the merits of their case.
She emphasized that the executive order contradicts the clear language of the Fourteenth Amendment and over a century of legal precedent.
The injunction prevents the executive order from taking effect nationwide, maintaining the status quo until the case is fully resolved.
Implications of the Injunction
This ruling marks the second judicial setback for the executive order. Previously, on January 23, 2025, a federal judge in Seattle issued a temporary restraining order, citing the order’s potential unconstitutionality.
The nationwide injunction issued by Judge Boardman extends this halt, ensuring that children born in the U.S. continue to receive citizenship at birth, regardless of their parents’ immigration status, pending further legal proceedings.
Next Steps and Potential Outcomes
The Trump administration is expected to appeal the injunction, potentially escalating the case to higher courts, including the Supreme Court. Legal experts anticipate a protracted legal battle, with significant implications for immigration policy and constitutional interpretation.
As the case progresses, the injunction ensures that the current interpretation of birthright citizenship remains in place.
The nationwide injunction against President Trump’s executive order on birthright citizenship underscores the judiciary’s role in upholding constitutional protections.
As legal challenges continue, the fundamental principle of granting citizenship to individuals born on U.S. soil remains intact, reflecting a longstanding interpretation of the Fourteenth Amendment.