Maryland judge says Trump’s order ending automatic citizenship for certain US-born children likely violates the Constitution, pausing the policy amid ongoing legal challenges
A US federal judge in Maryland on Thursday blocked the Trump administration from denying citizenship to children born in the US to parents illegally in the country or on temporary visas. This marks the fourth nationwide court ruling against the president’s birthright citizenship order since the Supreme Court’s key decision in June.
US District Judge Deborah Boardman issued a preliminary injunction as expected, following her indication last month that she would grant such an order if the case returned to her from the appeals court. The 4th US Circuit Court of Appeals sent the case back to her in late July, according to CBS News.
The policy remains on hold after months of legal battles, with two other district courts and an appellate panel also blocking the birthright citizenship order since June.
On his first day in office for a second term, Trump signed an order ending automatic citizenship for US-born children of undocumented immigrants, non-citizens, or temporary visa holders, directing federal agencies to halt issuing their citizenship documents within 30 days.
In February, Boardman issued a nationwide injunction against the order, but a June US Supreme Court ruling overturned that and similar decisions, saying nationwide blocks should be used “only to the extent that the injunctions are broader than necessary to provide complete relief.”
The order is still on hold after a New Hampshire court paused it nationwide in a class action case The Supreme Court has not ruled on whether states can still sue over the order. The government argues that a block should only apply to states that sued, while opponents contend such a limited approach fails because people move freely across state lines.
In Thursday’s ruling, Boardman certified a class of all children born in the US after Feb. 19, 2025, who would be affected by Trump’s order, saying the plaintiffs are “extremely likely” to prove the order violates the 14th Amendment and would face irreparable harm if the policy goes into effect.
