A federal judge has temporarily blocked President Trump's recent executive orders aimed at restricting birthright citizenship, ruling they are likely unconstitutional. U.S. District Judge Deborah Boardman, a Biden appointee, issued a preliminary injunction Wednesday, stating that the executive order is "almost certainly unconstitutional" because the Supreme Court has already determined that children born in the U.S. are citizens at birth.
The ruling directly references the Supreme Court's decision in Trump v. Barbara, which struck down Trump's initial attempt to end birthright citizenship for the children of "birth tourists" and undocumented immigrants. Boardman's opinion noted that the Supreme Court had already settled the issue of citizenship for children born in the U.S. subject to its jurisdiction.
Trump signed two executive orders last month in response to the Supreme Court's decision. The first order identified categories of children not eligible for automatic birthright citizenship, appearing to expand on existing exceptions for children of foreign diplomats or those considered "invaders." The second order directed the Secretaries of Homeland Security and State to halt "birth tourism," the practice of individuals traveling to the U.S. to give birth on American soil.
Following the executive orders, the State Department moved to require proof of citizenship or immigration status for individuals applying for U.S. passports on behalf of their children. This action was seen as an attempt to implement the directives from the executive orders.
Trump's legal team maintained that the new executive orders were crafted in accordance with the Supreme Court's ruling. "We crafted the EO around, and in concurrence, and understanding what the Supreme Court said in their decision. And so we expected— we didn’t expect this judge to say we were right," Attorney General Todd Blanche stated. White House spokesperson Lauren Bis added, "This is just another ruling from an activist judge appointed by Biden attempting to thwart President Trump’s commonsense agenda. The birthright citizenship executive order is consistent with the holdings and analysis set forth by the Supreme Court."
The legal challenge that led to Boardman's injunction was brought by a nonprofit organization, CASA Inc. Another challenge against the executive orders is reportedly ongoing in New Hampshire.
The Fourteenth Amendment of the U.S. Constitution states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."