Judge Blocks Trump’s Birthright Citizenship Order

A Federal District Court judge in Maryland issued a preliminary injunction on Wednesday blocking President Trump’s attempt to unilaterally eliminate automatic U.S. citizenship for children born to undocumented or temporary immigrants on U.S. soil.

The nationwide injunction, issued by Judge Deborah L. Boardman, who was nominated to the bench by President Biden, applies nationally and is more permanent than the 14-day temporary restraining order issued on Jan. 23 by a federal judge in Seattle. In most cases, a preliminary injunction remains in force until a case is resolved or a higher court overturns it.

“The executive order conflicts with the plain language of the 14th Amendment, contradicts 125-year-old binding Supreme Court precedent and runs counter to our nation’s 250-year history of citizenship by birth,” Judge Boardman ruled. “The United States Supreme Court has resoundingly rejected the president’s interpretation of the citizenship clause of the 14th Amendment. In fact, no court in the country has ever endorsed the president’s interpretation. This court will not be the first.”

The plaintiffs are five pregnant women who do not have lawful immigration status, and two nonprofits that work with immigrants. The judge justified her national injunction because one of the plaintiffs has members in every state, including hundreds of pregnant women who could give birth in the coming weeks. The Institute for Constitutional Advocacy and Protection at Georgetown University Law Center is representing the plaintiffs.