President Donald Trump’s executive order to end birthright citizenship for children born to undocumented immigrants in the United States has faced another legal setback. A second federal judge has issued a nationwide injunction, temporarily halting the measure until the case is fully resolved.
On Wednesday (5), US District Judge Deborah Boardman ruled against the executive order, emphasizing that citizenship is a fundamental right granted by the 14th Amendment. “Citizenship is a most precious right, expressly granted by the 14th Amendment to the Constitution,” Boardman stated in her ruling.
She further pointed out that no US court has ever supported the Trump administration’s interpretation of the amendment, and hers would not be the first to do so.
The executive order, one of Trump’s first major actions after his inauguration last month, was already on a temporary hold. Earlier, a judge in Washington state had issued an injunction, calling the order “blatantly unconstitutional.”
Now, Judge Boardman’s ruling extends the hold indefinitely, pending a final decision on the case. The Trump administration could appeal the ruling, but when asked about their next steps, the government attorney said he did not have the authority to take a position at that moment.
The case against the executive order has gained momentum, with multiple states and advocacy groups challenging its legality. The lawsuit before Judge Boardman was brought by immigrant-rights organizations, including CASA and the Asylum Seeker Advocacy Project, along with expectant mothers who could be directly affected. In total, 22 states, led by Democratic attorneys general, have sued to block the order.
At the same time, 18 Republican attorneys general have announced their support for Trump’s measure, filing legal briefs to defend the executive order. They have joined one of the federal lawsuits in New Hampshire to push back against the nationwide injunctions. Additional hearings on similar birthright citizenship cases are expected later this week.
The Trump administration argues that children born in the US to noncitizen parents should not automatically receive citizenship. The government claims these children are not “subject to the jurisdiction” of the United States and, therefore, do not qualify under the 14th Amendment.
“The Constitution does not harbor a windfall clause granting American citizenship to, inter alia: the children of those who have circumvented (or outright defied) federal immigration laws,” the administration argued in response to the Maryland lawsuit.
Trump himself has repeatedly questioned birthright citizenship, stating that the law was never meant to allow people from all over the world to “come in and pile” into the United States.
The 14th Amendment was adopted in 1868, following the Civil War, to grant citizenship to former slaves and free African Americans. It explicitly states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
This principle, known as jus soli or “right of the soil,” is followed in about 30 countries, including the United States, Canada, and Mexico.
