US Judge Blocks Trump’s Revised Birthright Citizenship Order, Keeping Restrictions on Hold

A US federal judge has temporarily blocked the Trump administration from enforcing its latest attempt to restrict birthright citizenship, preventing the order from taking effect while immigrant-rights groups challenge it in court.

The ruling marks another legal setback for President Donald Trump’s effort to narrow automatic citizenship for children born in the United States. The latest directive was introduced after the Supreme Court rejected his earlier, broader attempt to end birthright citizenship.

What Trump’s New Order Sought to Change

Trump signed the revised executive order on August 6, targeting several categories of children born in the United States.

The order sought to restrict citizenship in cases involving:

• “Birth tourism,” where pregnant women travel to the US to give birth.
• Children whose parents are neither US citizens nor lawful permanent residents.
• Children with a parent working for a foreign government in the United States.
• Situations involving alleged fraud or commercial arrangements intended to obtain citizenship.
• Children whose parents are classified as “alien enemies.”

The administration argued that the revised order was narrower than Trump’s original directive and addressed specific circumstances rather than attempting to broadly eliminate birthright citizenship.

Maryland Judge Issues Preliminary Injunction

US District Judge Deborah Boardman in Maryland issued a preliminary injunction following a challenge brought by immigrant-rights organisations, including CASA and the Asylum Seeker Advocacy Project.

The groups asked the court to protect children covered by their class-action lawsuit and ensure that their US citizenship continues to be recognised.

Boardman had previously blocked Trump’s original birthright-citizenship order in 2025. During an earlier hearing on the revised directive, she initially declined to issue an immediate block but expressed scepticism about the administration’s approach and allowed the plaintiffs to amend their lawsuit.

She described the new order as “unprecedented.”

The preliminary injunction now prevents the administration from enforcing the challenged restrictions while the litigation moves forward.

Why the 14th Amendment Is at the Centre of the Case

The dispute ultimately turns on the 14th Amendment, whose Citizenship Clause states that people born in the United States are citizens if they are “subject to the jurisdiction thereof.”

Supporters of birthright citizenship argue that this provision has long established citizenship for people born on US soil, with limited exceptions.

The plaintiffs contend that the administration cannot substantially redefine that constitutional guarantee through an executive order and that doing so would require either a valid change in federal law or a constitutional amendment.

Supreme Court Already Rejected Trump’s Broader Attempt

The latest legal battle follows a major Supreme Court ruling on June 30, when the justices rejected Trump’s earlier attempt to broadly end birthright citizenship for children whose parents were neither US citizens nor green-card holders.

The newer executive order is narrower, but the plaintiffs argue that its restrictions still conflict with the constitutional protections established by the 14th Amendment.

That distinction is likely to become a central issue as the case moves through the courts.

What the Trump Administration Argued

Justice Department lawyers urged the judge not to intervene immediately.

They argued that the new order was significantly more limited than the previous directive and that agencies had not yet issued detailed instructions explaining how it would be implemented.

The government also argued that the legal challenge was premature because implementation guidance was expected by September 5.

The judge nevertheless granted the preliminary injunction, putting enforcement on hold for now.

What Happens Next?

The ruling does not represent a final determination on whether Trump’s revised birthright-citizenship order is constitutional.

The administration can appeal the injunction, potentially sending the dispute through the federal appeals courts and eventually back to the Supreme Court.

For now, however, the challenged restrictions cannot be enforced under the blocked order. Children born in the United States continue to receive citizenship under the existing legal framework while the courts consider the case.

A Bigger Constitutional Fight

The dispute goes beyond Trump’s latest executive order. At its core is a broader question over how far a president can go in changing the interpretation and application of a constitutional right through executive action.

With the Supreme Court already having rejected Trump’s earlier, broader attempt, the administration now faces another legal test over whether its narrower approach can withstand constitutional scrutiny.