Federal Judge Blocks Trump's New Birthright Citizenship Order

The Ruling

A federal judge on Wednesday blocked President Donald Trump's renewed attempt to limit birthright citizenship, CNN reported, partially halting an executive order the president issued after the Supreme Court struck down his broader effort last year.

US District Judge Deborah Boardman said the administration could not enforce the new, more limited policy. She is allowing federal agencies to continue working on guidance for how they would carry it out.

In the opinion accompanying the preliminary injunction, Boardman wrote that the new policy was likely unconstitutional under the Supreme Court ruling issued this summer. Her order applies to the certified class of legal challengers in the case, which covers any children who would have been denied citizenship under the first executive order.

"If not enjoined as to the class, the 2026 Executive Order could deny the right to citizenship by birth to children whom the Supreme Court declared were citizens," wrote Boardman, an appointee of President Joe Biden.

What the Order Would Have Done

Birthright citizenship is the principle in the 14th Amendment that grants citizenship to anyone born on US soil, regardless of the immigration status of their parent.

Trump's order, issued in August, said federal agencies would not recognize the citizenship of children whose parents are not citizens if either parent is "an alien enemy," "a foreign government employee," or engaged in so-called birth tourism. NBC News, citing Reuters, dates the order to Aug. 6 and identifies it as EO 14418.

It followed an earlier order Trump issued immediately after returning to office last year, which sought to deny citizenship to babies of parents unlawfully in the country or visiting on temporary status. NBC News reported the Supreme Court found that order unlawful in a 6-3 ruling, with a majority finding it violated the Citizenship Clause of the 14th Amendment.

Passports and Next Steps

Separately, the State Department has drafted guidance that would require parents applying for passports for their children to provide proof of their own citizenship or immigration status, according to NBC News, citing a draft reviewed by Reuters.

Acceptable documents would include a valid US passport or birth certificate, or evidence of immigration status such as an I-94 form or a permanent residency card. State Department spokesman Tommy Pigott said the administration would ensure "our passport adjudication process fully reflects" the value of American citizenship.

Attorney General Todd Blanche told Fox News's Laura Ingraham on Wednesday that the order was crafted with an understanding of the Supreme Court's decision. "We didn't expect this judge to say we were right," he said, adding, "If we have to go back to the Supreme Court, we will."

A second case challenging the new policy is pending in New Hampshire. The sources do not say when either case will be decided.