Judge Refuses to Block Trump Birthright Citizenship Order

U.S. District Judge Deborah Boardman declined on August 28, 2026, to immediately block an executive order signed by Donald Trump on August 6 that narrows eligibility for birthright citizenship. The directive targets birth tourism and denies citizenship to children of foreign government employees, alien enemies, or individuals who engage in fraud.

This latest action follows a June 30 Supreme Court of the United States ruling that rejected a 2025 attempt by the president to restrict citizenship for children of non-citizens and non-permanent residents. Immigrant rights advocates sought a temporary restraining order, arguing the new directive is unconstitutional and defies the Supreme Court's previous ruling.

The United States Department of Justice argued that the order targets specific constitutional exceptions rather than the presence status of parents. Judge Boardman ruled she could not block the order because the plaintiffs' existing lawsuit did not mention the 2026 directive. However, she expressed skepticism regarding the order's viability and allowed the groups to supplement their complaint on a swift briefing schedule.