Judge blocks Trump executive order banning ‘birth tourism’
A Maryland federal judge has temporarily blocked President Biden’s executive order aimed at banning “birth tourism,” which sought to prevent children of noncitizens from automatically gaining U.S. citizenship. In her preliminary injunction, Judge Deborah Boardman rejected the governance’s defense of the order, citing a Supreme Court ruling that affirms children born in the U.S.are citizens at birth. The injunction applies to children born after February 19, 2025, but not before. The case challenges the administration’s efforts to restrict birthright citizenship under the 14th Amendment. The Department of Justice argued the order aligned with Supreme Court rulings, but the judge found this interpretation flawed. Attorney general Todd Blanche stated they plan to continue fighting, possibly bringing the issue back to the Supreme Court. President Trump had signed similar orders targeting birth tourism and broader birthright citizenship, but his initial order was struck down by the Supreme Court.
A federal judge in Maryland blocked President Donald Trump’s executive order banning so-called “birth tourism” to prevent the children of noncitizens from automatically getting birthright citizenship.
In her preliminary injunction issued Wednesday, Biden-appointed U.S. District Judge Deborah Boardman rejected the administration’s argument defending the executive order. Trump signed the order last month to deny citizenship for any children born in the United States to foreign parents illegally residing in the country who “engaged in a commercial transaction to purchase or access birthright citizenship for the person, or engaged in fraudulent activity to obtain citizenship,” according to the text.
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The president signed two executive orders, one focused on birth tourism and the other on birthright citizenship more broadly.
The presidential actions came over one month after the Supreme Court struck down Trump’s initial birthright citizenship order, which he signed on his first day back in office last year. Boardman cited the June 30 ruling in her opinion.
“The Supreme Court has spoken: Children in the certified class are ‘citizens at birth,’” she said, adding that the high court’s decision on the matter “is the law of the land” and “the President must follow it.”
Boardman’s preliminary injunction prohibits the new executive order from applying to any children born after Feb. 19, 2025, 30 days after the signing of the initial birthright citizenship order. The injunction does not apply to any children born before that date.
The plaintiffs in this case are challenging the administration’s crackdown on birth tourism under the 14th Amendment’s Citizenship Clause, which establishes automatic birthright citizenship for any person born in the U.S.
The Department of Justice argued Trump’s new executive order does not conflict with the Supreme Court’s June decision because the order was designed around the “narrow exceptions” that the high court left open. Boardman said the DOJ’s argument was a “distorted interpretation” of the Supreme Court’s ruling.
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Attorney General Todd Blanche disagreed with the judge’s conclusion and, if necessary, vowed to bring the issue back to the Supreme Court.
“We crafted the EO around and in concurrence and understanding with what the Supreme Court said in their decision,” Blanche said on Fox News’s The Ingraham Angle late Wednesday. “So, we’ll continue to fight as President Trump has talked about for many years, and if we have to go back to the Supreme Court, we will.”
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