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Biden-Appointed Judge Blocks Trump’s Birthright Citizenship Order with Nationwide Injunction

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A federal judge appointed by former President Joe Biden has issued a nationwide preliminary injunction halting enforcement of President Donald Trump’s executive order aimed at ending birthright citizenship for children born to illegal immigrants, as reported [1] by Fox News.

U.S. District Judge Deborah L. Boardman, presiding in Maryland, ruled Thursday that the immigration rights group CASA had sufficiently demonstrated grounds for a classwide injunction.

The ruling came after the group successfully petitioned for class-action status in its legal challenge to the policy.

In her decision, Boardman wrote:

“The Court finds that the plaintiffs have shown they are entitled to a classwide preliminary injunction. The plaintiffs have established that they are likely to succeed on the merits of their constitutional claim because the Executive Order contradicts the plain language of the Fourteenth Amendment and conflicts with binding Supreme Court precedent.”

Boardman continued, “The plaintiffs also have shown that the class representatives and members will suffer irreparable harm — the denial of citizenship — without injunctive relief. Finally, the plaintiffs have established that the balance of the equities and the public interest weigh in favor of a preliminary injunction.”

She added, “The government will not be harmed by an injunction that maintains the status quo of birthright citizenship, and the plaintiffs will be harmed if the Executive Order is not enjoined pending the outcome of this lawsuit.”

President Trump’s executive order was signed on the first day of his second term in January 2025 and directed federal agencies to cease granting citizenship to children born on U.S. soil unless at least one parent is a U.S. citizen or lawful permanent resident.

Image Credit: © Sam Greene-Pool via Imagn Images [4]
Jan 20, 2025; Washington, DC, USA; President Donald Trump signs a stack of executive orders on stage during the inauguration parade for President Donald Trump at Capital One Arena in Washington D.C., on Monday, Jan. 20, 2025. Mandatory Credit: Sam Greene-Pool via Imagn Images

The order was part of the administration’s broader efforts to tighten immigration enforcement and curb incentives for illegal border crossings.

Boardman is now the fourth federal judge to block the order. Legal challenges were filed shortly after the order’s implementation, and the U.S. Supreme Court reviewed the matter in May.

However, the Court’s 6–3 ruling did not address the constitutionality of the executive order itself. Instead, the justices ruled that plaintiffs seeking nationwide relief must pursue class-action certification, prompting CASA and other groups such as the ACLU to revise their filings accordingly.

The case remains ongoing and is expected to continue through the appellate courts, possibly returning to the Supreme Court in the future for a full constitutional review of the birthright citizenship policy.