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A federal judge on Tuesday issued a nationwide injunction blocking President Donald Trump’s executive order aimed at restricting birthright citizenship for children of undocumented immigrants and temporary visa holders, arguing that the measure conflicts with the 14th Amendment.
U.S. District Judge Deborah L. Boardman, ruling from Greenbelt, Maryland, stated that the plaintiffs challenging the order were “very likely” to succeed on the merits of their case, as the order contradicts established Supreme Court precedent. “No court in the country has ever endorsed the president’s interpretation,” she said. “This court will not be the first.”
The decision effectively halts Trump’s plan, which was set to take effect on February 19, barring federal agencies from issuing citizenship documents to children born in the U.S. to undocumented immigrants and temporary visa holders.
Legal Battle Over Birthright Citizenship
The lawsuit, filed by civil rights groups on behalf of five pregnant women, is one of six federal challenges brought against the executive order. Boardman’s ruling follows a temporary 14-day restraining order issued earlier by a Seattle judge, with another key hearing in that case scheduled for later this week.
Trump’s order seeks to redefine the 14th Amendment, which grants automatic citizenship to anyone born on U.S. soil who is “subject to the jurisdiction” of the federal government. Traditionally, this has applied to nearly all individuals except for children of foreign diplomats. White House officials argue that undocumented immigrants and temporary visa holders are not fully under U.S. jurisdiction and that their children should not qualify for citizenship.
However, most legal scholars reject this reasoning, noting that immigrants—even those without legal status—are subject to U.S. laws, can be arrested, and can face deportation, demonstrating their legal jurisdiction within the country.
Joseph Mead, an attorney for the plaintiffs, argued that Trump’s order was unconstitutional and would cause mass confusion. “This executive order is such a departure from settled law,” he said. “People covered by the executive order are parents, people who have lived here for years and decades, and are not temporary visitors. They are entitled to have their children enjoy the same constitutional right to citizenship as every other child born in the United States.”
Historical Precedent and Supreme Court Rulings
Judge Boardman cited the 1898 Supreme Court case United States v. Wong Kim Ark, which upheld birthright citizenship for a child born in the U.S. to Chinese immigrants. She emphasized that this ruling has firmly established birthright citizenship as settled law.
Justice Department attorney Eric Hamilton, defending the executive order, argued that the citizenship clause of the 14th Amendment had been misinterpreted and was being exploited by undocumented immigrants and foreign visitors.
Political and Public Reactions
Immigrant advocacy groups welcomed the ruling, with dozens gathering in Langley Park, Maryland, to celebrate. “The people united will never be defeated!” they chanted.
One of the plaintiffs, identified by the pseudonym “Trinidad,” expressed relief following the decision. “All I have wanted is to focus on my baby being born healthy and safe, but instead, even though my baby will be born in the U.S., I have been worried that they will be denied a right that is guaranteed under the Constitution,” she said. “This ruling will give mothers like me a bit of temporary relief.”
What’s Next?
The Trump administration is expected to appeal the ruling, escalating the battle over birthright citizenship to higher courts. With multiple lawsuits pending, legal experts predict the issue could eventually reach the U.S. Supreme Court.
For now, the court’s ruling ensures that birthright citizenship remains intact, shielding thousands of newborns from legal uncertainty as the legal fight continues.
