US Judge Questions but Won’t Yet Block Trump’s New Birthright Citizenship Order
Blake Brittain and Nate Raymond, Reuters, August 28, 2026
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U.S. District Judge Deborah Boardman in Greenbelt, Maryland, rejected a request for a temporary restraining order sought by immigrant rights advocates who had last year secured a ruling from her blocking the Trump administration from enforcing his initial 2025 executive order curtailing birthright citizenship.
Boardman, an appointee of Democratic President Joe Biden, said because the plaintiffs’ lawsuit did not even mention Trump’s 2026 order, she was unable to block it from being implemented at this time.
But she said she would allow the groups to supplement their complaint and set a swift briefing schedule for the plaintiffs to once again challenge the order, which “tries to strike out exceptions to birthright citizenship with the stroke of a pen.”
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Following that decision, Trump signed a new order on August 6 that took particular aim at “birth tourism,” in which women travel to the United States to give birth so their children can obtain automatic citizenship.
Citizenship would also be denied to children whose parents work for foreign governments in the United States, engage in fraud to obtain citizenship, or are classified as “alien enemies.”
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