On February 5, 2025, U.S. District Judge Deborah Boardman in Maryland issued a nationwide preliminary injunction against an executive order by President Donald Trump aimed at restricting birthright citizenship. The order, if implemented, would have denied automatic U.S. citizenship to children born in the country unless at least one parent was either a U.S. citizen or a lawful permanent resident. Judge Boardman’s ruling follows an earlier temporary block by another federal judge, both citing the unconstitutionality of the executive order.
This legal battle has sparked nationwide debate regarding the 14th Amendment, executive power, and the future of immigration policies in the United States.
Understanding Birthright Citizenship
The 14th Amendment and Jus Soli
Birthright citizenship is rooted in the 14th Amendment to the U.S. Constitution, which 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 (Latin for “right of the soil”), has historically granted citizenship to nearly all individuals born on U.S. soil, regardless of their parents’ legal status. The landmark 1898 Supreme Court case United States v. Wong Kim Ark affirmed that children born in the U.S. to non-citizen parents were citizens at birth.
President Trump’s Executive Order and Its Intentions
President Trump’s executive order attempted to reinterpret the 14th Amendment, arguing that the phrase “subject to the jurisdiction thereof” does not apply to children of undocumented immigrants or those on temporary visas. Under the order:
• A child born in the U.S. would not automatically receive citizenship unless at least one parent was a citizen or lawful permanent resident (green card holder).
• The administration justified this move as necessary to combat illegal immigration and prevent alleged “birth tourism” (where foreign nationals come to the U.S. specifically to give birth so their child can obtain citizenship).
Federal Court Blocks the Executive Order
Judge Deborah Boardman’s Ruling
Judge Deborah Boardman issued a nationwide preliminary injunction, effectively halting the executive order. She found that:
1. The Order Violates the Constitution
• The judge ruled that only a constitutional amendment or a Supreme Court decision could change the interpretation of birthright citizenship.
• The 14th Amendment’s language has been consistently upheld for over a century to include children born to non-citizens.
2. The President Cannot Override the Constitution
• Executive orders cannot alter or reinterpret the Constitution without Congressional approval or judicial backing.
• The court emphasized that Trump’s action exceeded executive authority.
3. Immediate Harm and Legal Standing
• The plaintiffs in the case (including immigrant rights groups and affected families) successfully demonstrated that the executive order would cause irreparable harm to families and individuals, potentially leaving thousands stateless.
A Previous Court Block
Before Judge Boardman’s ruling, another federal judge had already issued a temporary block on the executive order. The second ruling reinforces the likelihood that the order will not withstand further legal challenges.
Reactions and Implications
Legal and Political Responses
• Civil Rights and Immigration Groups Applaud Ruling
• Organizations like the ACLU, National Immigration Law Center, and American Immigration Council have hailed the decision as a victory for constitutional rights.
• Trump Administration Plans to Appeal
• The Trump administration has vowed to challenge the ruling in higher courts, possibly bringing the case before the U.S. Supreme Court.
• Congressional Divide
• Republicans supporting the order argue that birthright citizenship creates incentives for illegal immigration.
• Democrats and legal scholars assert that the order is an unconstitutional overreach of executive power.
Potential Supreme Court Battle
Legal experts suggest that this case may reach the Supreme Court, where a ruling could set a precedent for future immigration policies. However, given past rulings favoring birthright citizenship, it is unlikely the executive order will survive judicial scrutiny.
Conclusion: What Comes Next?
The blocking of President Trump’s executive order underscores the strength of constitutional protections and the limits of executive authority. While the administration may pursue an appeal, the 14th Amendment’s clear wording and legal precedent make it unlikely that any significant change to birthright citizenship will occur without a constitutional amendment—an incredibly difficult process.
This ruling reaffirms that birthright citizenship remains protected, ensuring that children born in the U.S., regardless of their parents’ legal status, will continue to have the right to American citizenship as upheld for over a century.