A United States federal judge in Maryland has blocked President Donald Trump’s latest effort to limit birthright citizenship, issuing a preliminary injunction against an executive order signed on August 6. The ruling follows the Supreme Court’s six-to-three decision in June that found Trump’s previous effort unconstitutional.
Why the judge rejected the order
District Judge Deborah Boardman said the new order was almost certainly unconstitutional as applied to the certified class in the case. She cited the Supreme Court’s ruling in Barbara v Trump, which held that the children covered by that class are citizens at birth. For additional context, see “Trump administration targets business and tourism visas held by asylum seekers”.
The executive order targeted what Trump has called “birth tourism” and sought to deny citizenship to children of foreign nationals in certain groups, including people accused of using a commercial transaction to obtain citizenship or classified as an “alien enemy.”
What birthright citizenship covers
Birthright citizenship generally grants automatic US citizenship to anyone born in the country, subject to narrow exceptions including children of diplomats or invading armies. Its constitutional basis is the Fourteenth Amendment. A related part of this story is covered in “Herridge asks Supreme Court to stop daily fines over sources”.
The legal challenge was brought by immigrant rights advocates and families, including the Asylum Seeker Advocacy Project. The groups had previously secured an injunction from Boardman against the administration’s initial executive order on birthright citizenship. The development of this issue can be followed in “Why Trump wants a Florida court to reject BBC subpoenas”.
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