Federal Judge in Maryland Blocks Trump Birthright Citizenship Order, Issues Nationwide Class Protection

A federal judge in Maryland late Thursday barred the Trump administration from enforcing its executive order denying citizenship to certain U.S.-born children, marking the fourth nationwide block against the policy since a pivotal U.S. Supreme Court ruling in June.

U.S. District Judge Deborah Boardman issued a preliminary injunctionpreliminary injunctionA preliminary injunction is a temporary court order issued before a case is finally decided that requires a party to take or stop an action while the litigation continues. Federal courts generally consider the likelihood of success, irreparable harm, the balance of equities, and the public interest before granting one.Read more → preventing the administration from withholding citizenship from children born in the United States to parents who are in the country illegally or on a temporary basis. The order applies nationwide to all children born after February 19, 2025, who would be affected by the policy.

The ruling came after the 4th U.S. Circuit Court of Appeals returned the case to Boardman in late July. She had signaled last month that she would reinstate her earlier injunction if given the opportunity. In February, Boardman had initially blocked the policy nationwide, but that decision, along with similar orders from other courts, was disrupted by the Supreme Court’s June ruling limiting lower courts’ ability to issue broad nationwide injunctions.

While the high court restricted the use of such injunctions, it left open the possibility for other orders with nationwide effect, including those in certified class-action cases and suits brought by states. In Thursday’s decision, Boardman certified a class that includes all affected children, ensuring that the block would have broad reach despite the Supreme Court’s new guidance.

In her opinion, Boardman found the plaintiffs were “extremely likely” to succeed in showing that the birthright citizenship executive order violates the 14th Amendment. The amendment’s Citizenship Clause guarantees that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” She further noted that affected children were likely to suffer irreparable harm if the executive order took effect.

Since the Supreme Court’s June decision, two other district courts and a federal appellate panel have also halted enforcement of the order nationwide. The White House did not immediately respond to a request for comment on Thursday’s ruling.

Trump’s January executive order has faced consistent legal challenges, with courts citing longstanding constitutional precedent, including the landmark 1898 case United States v. Wong Kim Ark, which affirmed birthright citizenship for nearly all children born on U.S. soil.