A federal judge in Maryland has temporarily blocked President Donald Trump's executive order pertaining to birthright citizenship. U.S. District Judge Deborah Boardman issued a 35-page ruling on Wednesday, delivering a significant legal setback to the administration's efforts to redefine who qualifies as a U.S. citizen at birth. The decision temporarily freezes the enforcement of the administration's August 6 directive while the underlying legal challenges proceed.
"The court must, once again, preliminarily enjoin enforcement of the President’s most recent attempt to strip the right to citizenship" U.S. District Judge Deborah Boardman.
This judicial intervention marks the second time a federal court has acted to impede President Trump's attempts to alter birthright citizenship rules. His administration's initial, broader executive order, signed during the early days of his second term in January 2025, was previously rejected by the Supreme Court. Following that rejection, President Trump's administration pivoted to a more narrowly tailored order in August, specifically targeting children born to parents designated as "alien enemies" of the United States or those working for foreign diplomatic missions.
Judge Boardman's written opinion found the August executive order to be "almost certainly unconstitutional." Her ruling on Wednesday framed the action as a necessary continuation of prior judicial oversight, stating the court "must, once again, preliminarily enjoin enforcement of the President’s most recent attempt to strip the right to citizenship" from affected individuals. The lawsuit challenging the order was brought by CASA Inc., a Maryland-based nonprofit advocacy group that has consistently opposed the administration's citizenship policies.
Notably, Judge Boardman had initially rejected an earlier version of CASA's request just days prior to her formal ruling. That initial rejection, however, was based on a technical filing error—the complaint had erroneously cited the administration's earlier January 2025 order instead of the updated August version. At a Friday hearing that preceded her formal written opinion, Judge Boardman clearly distinguished the newer order from its predecessor, labeling it "different" and "unprecedented" in comparison. She indicated her inclination to rule in CASA's favor once the paperwork was corrected, asserting that President Trump was "trying to rewrite the carve-outs to birthright citizenship with the stroke of a pen." This sentiment was directly reflected in her comprehensive ruling issued on Wednesday.
The administration's response to the ruling was swift and defiant. White House spokesperson Lauren Bis criticized Judge Boardman, labeling her an "activist judge appointed by Biden attempting to thwart President Trump’s commonsense agenda." Bis further insisted that the contested order "is consistent with the holdings and analysis set forth by the Supreme Court," directly challenging the judge's constitutional assessment. Attorney General Todd Blanche echoed this defiance during a Wednesday evening appearance on Fox News, telling hosts that the ruling "is not something that is a surprise to us."
Attorney General Blanche detailed the administration's meticulous approach to drafting the executive order, stating, "We crafted the EO around, and in concurrence, and understanding what the Supreme Court said in their decision." He acknowledged, however, that officials had not anticipated Judge Boardman siding with the administration, noting they "didn’t expect this judge to say we were right."
Looking ahead, Attorney General Blanche signaled that the legal battle is far from over. He vowed that the administration would "continue to fight as President Trump has talked about for many years," leaving open the possibility of appealing the case to the nation's highest court. Blanche affirmed, "if we have to go back to the Supreme Court, we will." The core of the legal debate revolves around the Fourteenth Amendment's Citizenship Clause, which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."
Separately, the State Department has proposed additional measures, including requiring parents to verify their own citizenship or immigration status before receiving passports for their children. This proposal adds another dimension to the broader ongoing debate surrounding U.S. citizenship. The temporary injunction ensures that the administration cannot implement its latest restrictions on birthright citizenship while the federal courts continue to deliberate on the constitutional questions raised by the executive order.
