Birthright citizenship traces to 14th Amendment; Supreme Court struck prior Trump order in June
Boardman, appointed by President Joe Biden, wrote in her order that “the Supreme Court has spoken: Children in the certified class are ‘citizens at birth.’” The ruling pauses enforcement of the executive order, which the administration said would target “birth tourism,” while the case proceeds.
The preliminary injunction will remain in place while a class-action lawsuit brought by immigrant families and advocacy groups is resolved in Maryland federal court.
Trump previously issued a separate executive order declaring that children born to people in the United States illegally or temporarily are not American citizens. The Supreme Court struck down that earlier order in June.
Birthright citizenship is guaranteed under current law for anyone born on U.S. soil, with a few exceptions. The protection traces to the 14th Amendment, which was ratified in 1868 in the aftermath of the Civil War.