The bottom line. A federal judge temporarily blocked President Trump's second executive order restricting birthright citizenship, issued August 6, citing the Supreme Court's June ruling that such restrictions are unconstitutional.
Judge Deborah Boardman of the U.S. District Court for the District of Maryland issued a temporary block on Wednesday against the executive order, which sought to deny automatic citizenship to children born in the U.S. to certain categories of foreign nationals, including children of ambassadors, "foreign ministers," employees of international organizations, and parents deemed "alien enemies."
The ruling comes nearly a month after the order was issued and follows a Supreme Court decision in late June that struck down the president's earlier, broader attempt to end birthright citizenship for children of undocumented immigrants and temporary visitors. The plaintiffs in this latest challenge include Casa and the Asylum Seeker Advocacy Project (Asap), two non-profits providing immigrant services, along with individuals who could be affected.
"No presidential executive order can undo what the Supreme Court has done," Judge Boardman wrote in her 35-page opinion.
Scope of the Blocked Order
The August 6 order extended restrictions beyond the earlier attempt, covering children of foreign citizens employed at embassies or international organizations like the United Nations and the World Bank. It also targeted children of parents the government designated as "alien enemies" and those who "engage[d] in a commercial transaction to ensure that the person's mother is present in the United States... to give birth," a practice the administration called "birth tourism."
The federal government has not yet issued guidelines on how these restrictions would be implemented, including how it would distinguish between a parent traveling for vacation and one engaging in birth tourism.
Court's Reasoning
Judge Boardman determined that the Supreme Court had already settled key questions raised by the new order. She noted the order could potentially rescind citizenship from children already protected by the Supreme Court decision if the administration arbitrarily designated parents as "alien enemies." The government has previously used this designation for dozens of Venezuelan nationals without criminal records, justifying their deportation to a Salvadoran megaprison last year.
"The Supreme Court has spoken: Children in the certified class are 'citizens at birth'," she wrote. "The court's decision is the law of the land. The President must follow it."
Plaintiffs' Response
Conchita Cruz, co-founder of Asap, which also participated in the earlier lawsuit, criticized the new order's vagueness. "Immigrant families should not have to rush back into court on an issue that has already been resolved by the supreme court," she said.
One original plaintiff, a Venezuelan asylum seeker whose baby boy was ruled a U.S. citizen by the Supreme Court, expressed ongoing concern. "But I know this isn't over," she said in a statement. "The threat to birthright citizenship is still out there."
What This Means Right Now
Pregnant individuals in affected categories may continue to expect U.S. citizenship for their children born in the U.S. while the temporary block remains in effect.
The administration may appeal this ruling, potentially leading to further litigation over the scope of presidential authority on citizenship matters.
Families with parents holding diplomatic or international organization status may face continued uncertainty until the legal challenge is fully resolved.
Future executive orders attempting to restrict birthright citizenship may face similar judicial scrutiny based on the Supreme Court's precedent.