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US Court Blocks Trump's Newest Order Limiting Birthright Citizenship

Published On Thu, 03 Sep 2026
Priya Sengupta
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A US federal judge has blocked President Donald Trump’s latest attempt to restrict birthright citizenship, dealing another setback to the administration’s efforts to change citizenship rules for children born in the United States. US District Judge Deborah Boardman in Maryland issued a preliminary injunction on September 2, stopping the Trump administration from enforcing the new order against children covered by the lawsuit. The case was brought by immigrant families and advocacy groups challenging the administration’s policy.

Trump signed the executive order on August 6, seeking to limit automatic US citizenship for certain children born in the country when their parents are not American citizens. The order targets specific situations, including some children whose parents are foreign government officials, classified as “alien enemies,” or accused of using fraudulent arrangements to obtain citizenship for their children.

The administration has argued that the Constitution does not require citizenship in all such circumstances and has also sought to address so-called birth tourism, in which foreign nationals travel to the United States to give birth. The latest legal challenge centers on the 14th Amendment, which provides the constitutional basis for birthright citizenship in the United States. Judge Boardman cited a recent Supreme Court ruling concerning Trump’s earlier attempt to restrict the policy.

The Supreme Court had previously blocked the broader version of Trump’s birthright citizenship policy, prompting the administration to pursue a narrower approach. The Maryland court’s latest decision indicates that even the revised policy faces significant constitutional challenges. The ruling does not permanently settle the dispute. The Trump administration can appeal the decision, meaning the case could continue through the federal appeals process and potentially reach the Supreme Court again.

The injunction prevents the administration from implementing the challenged restrictions against the children covered by the lawsuit. The decision keeps birthright citizenship at the center of the continuing legal battle over Trump’s immigration policies. The case could have wider implications for how the 14th Amendment is interpreted and how much authority a US president has to alter citizenship policy through executive action.

Disclaimer: This image is taken from Reuters.