A second federal judge has blocked Donald Trump’s administration from restricting U.S. birthright citizenship. U.S. District Judge Deborah Boardman ruled in Maryland that no court has ever supported Trump’s interpretation of the Constitution.
Boardman sided with immigrant rights groups and pregnant women who argued that Trump’s policy would deny citizenship to children based on their parents’ immigration status. She issued a nationwide injunction, preventing the order from taking effect on Feb. 19.
“Virtually every baby born on U.S. soil is a U.S. citizen upon birth,” Boardman stated, affirming the 14th Amendment’s guarantee. The Justice Department requested 60 days to respond but did not confirm an appeal.
Trump’s executive order, signed Jan. 20, would deny citizenship to children born in the U.S. if neither parent is a citizen or legal resident. Critics say this violates Supreme Court precedent, including the 1898 ruling in United States v. Wong Kim Ark, which confirmed birthright citizenship for children of non-citizens.
Boardman said Trump’s interpretation has been “resoundingly rejected” and declared that the order contradicts the 14th Amendment. A Seattle judge had already imposed a 14-day block on Jan. 23 and is considering a longer injunction.
If enforced, Trump’s order would impact over 150,000 newborns annually, denying them citizenship, government benefits, and work authorization. Democratic state attorneys general and advocacy groups have filed multiple lawsuits nationwide.
The Justice Department argues that past administrations misinterpreted the 14th Amendment and claims that children of undocumented immigrants should not receive automatic citizenship.
Four hearings on separate challenges to Trump’s order are set before the Feb. 19 deadline.
