Judge Blocks Trump Order Restricting Birthright Citizenship

U.S. District Judge Deborah L. Boardman issued a preliminary injunction on September 2, 2026, blocking an August 6 executive order by Donald Trump that sought to restrict birthright citizenship. The order targeted children born to noncitizen parents who engaged in commercial transactions for birth tourism, as well as those whose parents were classified as alien enemies, members of terrorist groups, or employees of foreign governments.

The ruling followed a proposal by the U.S. Department of State to require parents to provide proof of their own citizenship or immigration status when applying for child passports. The Department of Justice argued that legal challenges to the order were premature because public guidance had not yet been issued and the new order was narrower than previous attempts.

Judge Boardman ruled the order was almost certainly unconstitutional, stating that the government cannot use executive actions to bypass the Supreme Court of the United States. She noted that a June 30 ruling in Barbara v. Trump had already settled the matter by finding a previous 2025 executive order unconstitutional. The injunction prevents the U.S. Department of State, the U.S. Department of Homeland Security, and the Social Security Administration from denying citizenship documents, passports, or social security numbers to the affected class of families.

The legal challenge was brought by immigrant families and advocacy groups, including We Are CASA and the Asylum Seeker Advocacy Project. Shana Khader, legal director at We Are CASA, characterized the decision as a repeated failure of the administration to strip children of their constitutional rights.