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Imam of the Oppressed

 

Trump Birthright Citizenship Push Faces Another Court Block

Trump Birthright Citizenship Push Faces Another Court Block
folder_openAmericas... access_time 13 days ago
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By Staff, Agencies

A US federal judge on Wednesday blocked the Trump administration from enforcing a new executive order restricting birthright citizenship, delivering another legal setback to President Donald Trump’s immigration agenda, Reuters reported.

US District Judge Deborah Boardman in Maryland issued a preliminary injunction at the request of immigrant rights advocates, who had previously secured a ruling blocking Trump’s original 2025 order.

The move follows the US Supreme Court’s June 30 rejection of the administration’s initial attempt to deny citizenship to children whose parents were neither US citizens nor lawful permanent residents.

The Supreme Court ruled that the policy violated the 14th Amendment’s citizenship clause, which grants citizenship to people born in the United States who are “subject to the jurisdiction thereof.”

Following that ruling, Trump signed a new order on August 6 targeting so-called “birth tourism,” under which women travel to the US to give birth so their children can obtain citizenship.

The order would also deny citizenship to children if either parent works for a foreign government in the US, engages in fraud or a commercial transaction to secure citizenship, or is designated an “alien enemy.”

However, Boardman ruled that the latest order is “almost certainly unconstitutional” as applied to the class of children covered by the lawsuit, citing the Supreme Court’s finding that they are citizens at birth. Her injunction bars the State Department, Department of Homeland Security and Social Security Administration from denying or refusing to recognize their citizenship.

Meanwhile, the administration argued that the lawsuit was premature because federal agencies had yet to issue guidance explaining how the new order would be implemented. Justice Department lawyers also said the latest directive was narrower than the 2025 order.

Boardman rejected those arguments, saying the order’s wording appeared to apply to all children meeting its criteria regardless of when they were born. She therefore ordered another preliminary block on enforcement, while allowing agencies to continue preparing implementation guidance.

Reuters reported that the State Department had drafted guidance requiring parents seeking passports for their children to provide evidence of their own citizenship or immigration status.

The latest ruling adds to the legal challenges surrounding Trump’s broader immigration crackdown, which includes visa cancellations, green-card revocations and expanded deportation operations.

The administration says the measures are needed to strengthen border security, while rights groups accuse it of undermining due process and fueling fear among immigrant communities.

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