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Federal Judge Blocks Trump’s New Birthright Citizenship Order/ TezzBuzz/ WASHINGTON/ J. Mansour/ A federal judge temporarily blocked President Donald Trump’s latest executive order restricting birthright citizenship for certain children born in the United States. Judge Deborah Boardman said the directive defied a June Supreme Court ruling that invalidated key provisions of Trump’s earlier citizenship order. Attorney General Todd Blanche defended the policy and said the administration would continue fighting the case, potentially before the Supreme Court.

Quick Look

• Boardman issued a preliminary injunction Wednesday.
• The ruling temporarily blocks enforcement while the litigation continues.
• Trump’s order targets children whose foreign parents allegedly traveled to the U.S. to obtain citizenship for them.
• It also applies to children whose parents are classified as “alien enemies.”
• Boardman said the Supreme Court had already rejected the core legal theory behind Trump’s restrictions.
• Justice Department attorneys argued that the new order addressed exceptions left open by the justices.
• The judge called that argument a “distorted interpretation.”
• Her injunction applies to children born after Feb. 19, 2025.
• The judge raised concerns that the order’s language could be interpreted retroactively.
• Blanche said the administration drafted the order to comply with the Supreme Court.
• The White House did not immediately comment.
• The injunction is not a final ruling on the case’s merits.

Deep Look

Judge blocks new citizenship restrictions

A federal judge has temporarily blocked President Donald Trump’s latest attempt to restrict birthright citizenship.

U.S. District Judge Deborah Boardman issued a preliminary injunction Wednesday barring the administration from enforcing key portions of an executive order Trump signed in August.

The order sought to deny citizenship to some children born on American soil based on their parents’ immigration status or alleged purpose for entering the country.

A preliminary injunction preserves the existing legal situation while the case proceeds. It does not represent a final judgment on the order’s constitutionality.

Order targets alleged “birth tourism”

Trump’s directive targeted children whose foreign parents allegedly entered the United States through a “commercial transaction” intended to obtain U.S. citizenship for their babies.

The administration has described that practice as “birth tourism.”

The order also sought to deny citizenship to U.S.-born children whose parents are classified as “alien enemies.”

Those categories were narrower than the restrictions contained in Trump’s original birthright citizenship order, issued on the first day of his second term.

Boardman says Supreme Court already ruled

Boardman found that the new directive conflicted with the Supreme Court’s June decision invalidating key parts of Trump’s earlier order.

Trump’s original order sought to end automatic citizenship for children born to parents who were in the United States illegally or present on temporary visas.

Justice Department claims exceptions remained

Justice Department attorneys argued that Trump’s revised order complied with the June decision.

They contended that the Supreme Court had left open certain exceptions to birthright citizenship and that the president’s new directive was limited to those unresolved areas.

Boardman rejected that interpretation.

She said the administration was relying on a “distorted interpretation” of the Supreme Court’s ruling to revive restrictions based on a legal theory the justices had already rejected.

Injunction applies after February 2025

Boardman’s injunction prevents the administration from applying the new order to children born after Feb. 19, 2025.

Because of the case’s procedural history, the injunction does not cover children born before that date.

Justice Department attorneys told the court that Trump’s August order was not intended to operate retroactively.

The judge expressed concern that the government had not provided a “sworn statement” confirming that the order applied only to children born after it was signed.

Birthright citizenship dispute began on Trump’s first day

Trump launched his effort to restrict birthright citizenship through an executive order signed on his first day back in the White House.

That directive attempted to deny citizenship to many children born in the United States if neither parent was a citizen or lawful permanent resident.

The policy challenged the longstanding interpretation of the 14th Amendment’s Citizenship Clausewhich generally grants citizenship to nearly everyone born on U.S. soil.

Legal challenges quickly followed, leading to the Supreme Court’s June ruling against the key provisions.

Blanche says administration complied with ruling

Attorney General Todd Blanche denied that Trump’s new executive order conflicted with the Supreme Court’s decision.

His comments indicated that the Justice Department is likely to appeal Boardman’s injunction.

Case could return to Supreme Court

The administration can ask an appeals court to suspend Boardman’s ruling while litigation continues.

If the appellate court refuses, the Justice Department could seek emergency intervention from the Supreme Court.

The legal fight may ultimately require the justices to clarify whether any of the categories identified in Trump’s revised order fall outside the constitutional guarantee of birthright citizenship.

Until a higher court intervenes or Boardman changes her ruling, the administration is barred from enforcing the challenged provisions against children covered by the injunction.

The White House did not immediately respond to a request for comment.

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