Maryland judge declines to immediately block Trump birthright citizenship order
A federal judge in Maryland declined Friday to issue an immediate temporary restraining order against President Donald Trump's newest executive order limiting birthright citizenship in targeted cases. The order, signed Aug. 6 after a Supreme Court loss on a broader plan, focuses on birth tourism, foreign officials and designated alien enemies.
GREENBELT, Md. - U.S. District Judge Deborah Boardman on Friday declined to immediately block President Donald Trump's newest executive order limiting birthright citizenship in defined cases, Reuters reported.
Immigrant rights advocates had sought a temporary restraining order. Boardman said their pending lawsuit did not even mention the 2026 order, so she could not block it on that record. She said the groups may supplement their complaint and set a fast briefing schedule for a fresh challenge.
The Supreme Court ruled 6-3 on June 30 in Trump v. Barbara that the 14th Amendment generally grants citizenship to children born in the United States when no extraterritorial fiction applies. That decision voided Trump's first-day 2025 order that tried to deny citizenship to babies of unauthorized immigrants and many temporary visa holders.
On Aug. 6, Trump signed a narrower order directing federal agencies not to recognize citizenship for certain children when neither parent is a U.S. citizen. Covered categories include cases involving designated foreign terrorist organization members, foreign-government employees, fraud aimed at obtaining citizenship, and birth tourism. A companion order directs State and Homeland Security to deny visas or pursue removal for suspected birth tourism.
Justice Department lawyers told the court that agencies have not yet issued the public guidance needed to implement the directive. That guidance is expected by Sept. 5. Boardman questioned whether waiting until then makes sense and asked where the Supreme Court opinion created a birth-tourism exception.
Conservative legal analysts told Fox News the narrower approach tracks historical exceptions for diplomats and hostile forces more closely than the first order. The Aug. 6 citizenship order remains on the books. Implementation timing and the next injunction fight will decide how agencies handle documents this fall.
Go Deeper
What did the judge decide Friday?
She refused an immediate temporary restraining order because the existing lawsuit did not challenge the new Aug. 6 order.
What did the Supreme Court do in June?
It struck down Trump's broader 2025 birthright order, holding that the 14th Amendment generally covers children born here absent classic exceptions.
What does the new order target?
It focuses on birth tourism, foreign officials, fraud for citizenship and children of designated alien enemies when neither parent is a citizen.
When do agencies issue guidance?
The Justice Department said public implementation guidance is expected by Sept. 5.
Is the order in effect now?
It remains on the books, but full agency guidance and further court fights will shape how it works day to day.
More politics
politicsCIA Director John Ratcliffe Proposes Trump-Putin-Zelensky Summit
CIA Director John Ratcliffe proposed a trilateral meeting between President Trump, Russian President Putin, and Ukrainian President Zelensky during hi
Sep 5
politicsBeverly Vance Discusses 'Hillbilly Elegy' Film Rights Payment
Beverly Vance, mother of JD Vance, has spoken about the payment she received for the film rights to 'Hillbilly Elegy'. She expressed satisfaction with
Sep 5
politicsPatrick Clancy Comments on Prospect of Another Trial
Patrick Clancy spoke out after a hung jury led to a mistrial in his wife Lindsay Clancy's murder case. He expressed concerns about the possibility of
Sep 5