Federal Judge Blocks Trump's Latest Birthright Citizenship Executive Order
- Editorial Team
- 2 days ago
- 6 min read
Updated: 24 hours ago
GREENBELT, Maryland, September 5, 2026 — A federal district court judge in Maryland has issued a preliminary injunction blocking enforcement of President Donald Trump's latest executive order seeking to restrict birthright citizenship, delivering another legal setback to the administration's efforts to reinterpret the 14th Amendment.
On September 2, U.S. District Judge Deborah L. Boardman of the District of Maryland determined that Executive Order 14418, known as "Continuing to Protect the Meaning and Value of American Citizenship," is "almost certainly unconstitutional" when applied to a certified class of children born in the United States to non-citizen parents.
Published: September 5, 2026 | By VisasUpdate.com Editorial Team
What the Executive Order Sought to Do
President Trump signed EO 14418 on August 6, 2026, just weeks after the U.S. Supreme Court struck down his broader January 2025 executive order in Trump v. Barbara. The new order attempted to impose additional exceptions to birthright citizenship beyond the long-recognized narrow exceptions for children of foreign diplomats.
According to EO 14418, children born in the U.S. to foreign national parents in the following categories would not be recognized as U.S. citizens:
Category | Description |
Birth Tourism | Either parent engages in a commercial transaction to ensure the mother's presence in the U.S. to give birth |
Surrogacy | Either parent engages in a commercial transaction with a surrogate present in the U.S. to give birth |
Fraud | Either parent engaged in fraudulent activity to obtain citizenship |
Alien Enemies | Either parent is a member of designated foreign terrorist organizations or specially designated global terrorists |
Foreign Government Employees | Either parent is a foreign diplomat, embassy/consulate employee, foreign government official, or employee of international organizations with immunity |
The order also stated that this was a non-exhaustive list, leaving the door open for additional categories in the future. It barred federal agencies from recording these individuals as U.S. citizens and from accepting documents issued by state or local governments that claimed to acknowledge their citizenship.
The Court's Reasoning
Judge Boardman, a Biden appointee, held that the plaintiffs — immigration advocacy groups CASA, Inc. and the Asylum Seeker Advocacy Project — are likely to succeed in their claim that the EO is unconstitutional.
"The Supreme Court has spoken: Children in the certified class are 'citizens at birth.'"
The certified class includes children born in the U.S. after February 19, 2025, whose mothers were unlawfully present or held nonimmigrant status, and whose fathers were not U.S. citizens or green card holders.
The court found that the citizenship carveouts in the August 2026 EO extend well beyond the narrow exceptions recognized by the Supreme Court in Trump v. Barbara. In that June 2026 ruling, the Supreme Court held that children born in the United States — even to parents who are in the country unlawfully or temporarily — are U.S. citizens at birth under the Constitution, with a narrow exception for children born to certain foreign diplomats.
Exceptions Under the 14th Amendment
The Supreme Court in Barbara made clear that "subject to the jurisdiction thereof" — the key phrase in the 14th Amendment's Citizenship Clause — includes all persons who are subject to and required to obey U.S. law. The "narrow exceptions" apply only when the United States does not have "full and complete power" to govern over people born on its soil, such as children of foreign ministers and members of 19th-century Indian tribes over whom the U.S. had ceded territorial jurisdiction.
Judge Boardman concluded that the 2026 EO "is almost certainly unconstitutional as applied to the certified class for the simple reason that the Supreme Court in Barbara already decided that the children in the class are citizens at birth". She noted that the order's attempt to create new exceptions — including for birth tourism, surrogacy, foreign government employees, and designated "alien enemies" — is well outside the narrow scope of exceptions recognized by the Supreme Court.
What the Preliminary Injunction Does
The preliminary injunction temporarily prevents federal agencies, including the Department of State, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) , and the Social Security Administration, from enforcing the challenged provisions of EO 14418 against members of the certified class while the case proceeds.
Impact | Details |
Protection | Children covered by the certified class cannot be denied citizenship under the order |
Scope | The injunction applies nationwide to the certified class |
Exemptions | The order's provisions on children born in U.S. territories remain untouched |
Guidance | Agencies can still issue implementation guidance |
Territories | The provision addressing children born in U.S. territories remains in effect |
Important: The injunction does not prevent the government from continuing to develop guidance related to the executive order, and the administration is expected to appeal the ruling.
Who Is Protected?
The certified class covers any child born in the U.S. after February 19, 2025, whose mother was unlawfully present or under legal nonimmigrant status, and whose father was not a U.S. citizen or Green Card holder. Since the courts have defined these groups on a national level, the protection extends to all children who meet these criteria, not only to the families involved in this lawsuit.
Manifest immigration attorney Ana Gabriela Urizar explained that the injunction protects most of the children the new order was written to target, including most birth tourism cases.
"This class was written broadly on purpose, and already covers any child born to a parent who wasn't a U.S. citizen or Green Card holder. This injunction does not apply to two groups: children of foreign diplomats, who have been excluded under long-standing law, and children born in specific U.S. territories."
Background: The Supreme Court Precedent
The latest legal challenge builds on the Supreme Court's June 30, 2026 ruling in Trump v. Barbara, which struck down President Trump's first executive order on birthright citizenship.In the 6-3 decision, the Court determined that the Citizenship Clause of the 14th Amendment ensures citizenship for children born in the U.S., irrespective of their parents' immigration status.
The Supreme Court found that the order violated the Constitution's 14th Amendment, which confers citizenship to those born in the United States who are "subject to the jurisdiction thereof". The administration argued that automatic birthright citizenship encourages illegal immigration and birth tourism, but the Court rejected this reasoning.
Just five weeks after the Supreme Court ruling, President Trump signed EO 14418. The new order represented a narrower but still legally contentious attempt to restrict automatic citizenship for specific categories of people. The administration argued that it was targeting "birth tourism" — defined as someone who enters the United States on a nonimmigrant visa for the purpose of giving birth on American soil. However, birth tourism is already considered fraud and grounds to restrict a visa if someone seeks one specifically to obtain U.S. citizenship for a child.
What This Means for Families
The ruling provides temporary relief for families who feared their children could be denied citizenship under the broad interpretation of the executive order. Some families told the court they feared their children could be denied citizenship simply because they purchased airfare to come to the U.S. and got pregnant after they arrived. Others expressed concern that the administration might rely on speculation or misinformation to determine who qualifies as an "alien enemy".
The order sought to deny citizenship to children born to adults who "engaged in a commercial transaction to purchase or access birthright citizenship," leaving families uncertain about what activities might fall under this definition.
What Happens Next
Step | Details |
Appeal Expected | The administration is very likely to appeal to the Fourth Circuit Court of Appeals |
Merits Decision | The court still needs to rule on the entire case based on its merits |
Pending Litigation | The injunction remains in effect while the case proceeds |
Guidance Development | Agencies may continue developing implementation guidance |
The case, CASA, Inc., et al. v. Trump, et al. , Docket No. 8:25-cv-00201 (D. Maryland), is one of the class action lawsuits that successfully challenged President Trump's January 2025 birthright citizenship EO. On August 24, 2026, plaintiffs filed a motion for additional classwide preliminary injunctive relief to protect the rights of the certified class and preserve the status quo. The court's September 2 ruling granted that motion.
Read Also
Quick Reference Summary
Aspect | Details |
Executive Order | EO 14418, "Continuing to Protect the Meaning and Value of American Citizenship" |
Signed | August 6, 2026 |
Court | U.S. District Court for the District of Maryland |
Judge | Deborah L. Boardman |
Ruling Date | September 2, 2026 |
Case | CASA, Inc., et al. v. Trump, et al. (8:25-cv-00201-DLB) |
Supreme Court Precedent | Trump v. Barbara (June 30, 2026) |
Key Finding | EO "almost certainly unconstitutional" as applied to certified class |
Affected Categories | Birth tourism, surrogacy, alien enemies, foreign government employees, fraud |
Protected Class | Children born in U.S. after Feb 19, 2025 to non-citizen parents |
Official Resources
Resource | Link |
White House – EO 14418 (Full Text) | |
Court Order – Preliminary Injunction (PDF) | |
Memorandum Opinion (PDF) | |
Supreme Court – Trump v. Barbara | |
CourtListener – Casa Inc. v. Trump |
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