Judge delivers legal setback to Trump admin, blocks latest attempt to restrict birthright citizenship, ruling White House can’t deny children born to parents in the US illegally or temporarily
A Joe Biden-appointed federal judge has delivered the Trump administration a major legal setback, blocking its latest attempt to restrict birthright citizenship for children born in America. U.S. District Judge Deborah Boardman ruled on Wednesday, September 2, that the White House cannot deny citizenship to a class of children whom the Supreme Court has already determined are Americans at birth. Her decision states that President Donald Trump’s executive order regarding birthright citizenship is in direct conflict with the constitutional protections recognized by SCOTUS.
Judge says Supreme Court has already settled the issue
In a sharply worded opinion, Boardman relied heavily on the Supreme Court’s June 30 ruling in Trump v. Barbara. The Court held that children born in the U.S. to parents who are unlawfully or temporarily present in the country are “subject to the jurisdiction” of the United States and are citizens at birth under the 14th Amendment.
“The Supreme Court has spoken: Children in the certified class are ‘citizens at birth,’” Boardman wrote in her ruling. “Barbara is the law of the land. The president must follow it.”
She later added, “No presidential executive order can undo what the Supreme Court has done.”
Donald Trump’s attempt faces court challenge
Trump signed Executive Order 14160, Protecting the Meaning and Value of American Citizenship, within hours of returning to Office in January 2025, seeking to deny citizenship to many U.S.-born children whose parents lack permanent legal status.
Trump’s order triggered lawsuits nationwide, including a Maryland case brought by immigrant-rights organizations CASA and the Asylum Seeker Advocacy Project. After the Supreme Court rejected the administration’s initial effort, Trump signed a narrower executive order in August targeting specific categories of children, including cases the administration associated with “birth tourism.”
Boardman concluded that “the plaintiffs were likely to succeed in showing the latest policy was unconstitutional as applied to the certified class,” according to reports.
Injunction protects children during legal battle
In her ruling, Boardman granted a preliminary injunction preventing federal agencies, including the State Department, Department of Homeland Security and Social Security Administration, from applying the new restrictions to children covered by the lawsuit while the case proceeds. However, the injunction does not invalidate the executive order nationwide or prevent the Trump administration from preparing implementation guidance.
Juana, a We Are CASA member and class representative, said, “When I joined this lawsuit, I was two months pregnant and terrified that the government would refuse to recognize my baby as a citizen simply because we are an immigrant family.”
“I am grateful that we came together and that the courts continue to uphold our children’s rights. Today’s decision gives me relief because my child and thousands of other children remain protected. I will continue to raise my voice with other immigrant families to show that we have the power to defeat these attacks,” she added.
Presidential order cannot override Supreme Court precedent
Boardman’s ruling is the latest roadblock in Trump’s long-running effort to narrow birthright citizenship through executive action. He repeatedly raised the issue during his first term without being able to implement a policy before leaving office in January 2021. The Trump administration argued that its latest order addresses specific categories it believes fall outside constitutional protections. However, Boardman’s ruling makes clear that a presidential order cannot override binding Supreme Court precedent.