Trump’s Birthright Citizenship Order Blocked

February 05, 2025
Donald Trump

Another federal judge has temporarily blocked Donald Trump’s executive order that seeks to unilaterally reinterpret the 14th Amendment’s birthright citizenship clause.

On Wednesday, Maryland District Judge Deborah L. Boardman issued a temporary restraining order after 16 pregnant women filed a lawsuit against the Trump administration just hours after the president signed the directive, which aims to deny citizenship to certain American-born children of immigrants.

Judge Boardman stated that the order contradicts "our nation’s 250-year history of granting citizenship by birth" and likely violates Supreme Court precedent, which has consistently rejected Trump’s interpretation of the 14th Amendment.

“No court in the country has ever supported the president’s reading of the Constitution,” she noted. “This court will not be the first.”

The lawsuit, filed by CASA and the Asylum Seeker Advocacy Project, is one of several legal challenges from pregnant women, civil rights organizations, and state officials opposing the order. The case is expected to reach the Supreme Court after an extended legal battle in courts nationwide.

Last month, a federal judge in Washington state sharply criticized the executive order, calling it "blatantly unconstitutional."

“I’ve served on the bench for over 40 years, and I cannot recall a case with a clearer constitutional violation,” said District Judge John Coughenour, who was appointed by Ronald Reagan, during a January 23 hearing in Seattle.

That ruling was set to expire this week, but Boardman’s decision will remain in effect while the legal proceedings continue unless overturned by a higher court.

Other judges reviewing similar lawsuits against Trump’s birthright citizenship order are expected to rule on whether to block it further in the coming days.

The plaintiffs in the Maryland case fear that not only will their children’s constitutional rights be revoked, but their future children could be left stateless, forcing families into complex legal and humanitarian challenges within an already difficult immigration system.

One plaintiff, Adelina, has lived in the United States for seven years and is currently six months pregnant. She also has a five-year-old child who was born in the U.S. and is a citizen.

“It breaks her heart to think that one of her children will have more rights and opportunities than the other, even though both were born in the same country,” the lawsuit states. “She fears that if her unborn child is denied U.S. citizenship, they will face significant hardships and an uncertain future.”

A separate lawsuit filed by a coalition of civil rights organizations representing immigrant mothers argues that the 14th Amendment was “explicitly established” to guarantee that “no one — not even the President — could strip children born in the United States of their rightful citizenship.”

If Trump’s order is implemented, individuals born in the U.S. could be denied essential documents such as passports and Social Security numbers, potentially restricting their ability to travel, work, and access government benefits and protections granted to citizens.

The citizenship clause of the 14th Amendment 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.”

Trump’s executive order aims to withhold citizenship from newborns in the U.S. if their parents are in the country “unlawfully” or have “lawful but temporary” immigration status.