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Judge Blocks Trump’s August Order Narrowing Birthright Citizenship

Judge Deborah Boardman found the order likely unconstitutional, barring federal agencies from denying citizenship documents to children in a certified class while litigation continues.

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Demonstrators hold letters making up the slogan "Born in the USA = citizen!" outside the U.S. Supreme Court building as the court hears oral arguments on the legality of the Trump administration's effort to limit birthright citizenship for the children of immigrants, in Washington, D.C., U.S., April 1, 2026. REUTERS/Kylie Cooper
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President Donald Trump listens before signing executive orders in the Oval Office of the White House, Thursday, Aug. 6, 2026, in Washington, as Commerce Secretary Howard Lutnick watches. (AP Photo/Alex Brandon)

Overview

  • U.S. District Judge Deborah Boardman issued a preliminary injunction on Wednesday blocking enforcement of the August 6 executive order as applied to a certified class of children, saying the order is almost certainly unconstitutional.
  • Boardman relied on the U.S. Supreme Court’s June decision upholding the Fourteenth Amendment’s Citizenship Clause to conclude the children in the class are citizens at birth.
  • The injunction stops the State Department, Department of Homeland Security and Social Security Administration from denying or failing to recognize citizenship documents for class members even as agencies may continue drafting implementation guidance.
  • The lawsuit was brought by immigrant-rights groups and families, including We Are CASA and the Asylum Seeker Advocacy Project, who argued the order’s broad categories — such as ‘birth tourism,’ foreign government employees and ‘alien enemies’ — could wrongly strip children of citizenship.
  • The Justice Department called the challenge premature and said it will defend the orders, signaling the case is likely to continue through appeals and leaving administrative rules such as proposed passport-document requirements on hold for the certified class.