February 5, 2025
image

A federal judge in Maryland has issued a nationwide preliminary injunction against President Donald Trump’s executive order aimed at ending birthright citizenship.

U.S. District Judge Deborah Boardman ruled in favor of five pregnant undocumented women who challenged Trump’s order, which sought to reinterpret the 14th Amendment to exclude the children of undocumented immigrants from automatic citizenship.

“The denial of the precious right to citizenship will cause irreparable harm,” Boardman stated, emphasizing that children affected by the order would be deprived of fundamental rights, and their parents would face instability. She also noted that a nationwide injunction was necessary due to the broad implications of citizenship.

The ruling follows a similar temporary restraining order issued by a federal judge in Seattle, who previously called the executive order “blatantly unconstitutional.” Boardman reinforced that Trump’s directive conflicts with the plain language of the 14th Amendment and has no judicial precedent supporting it.

The plaintiffs argued that Trump’s order was an unconstitutional departure from settled law, jeopardizing the citizenship status of thousands of children. The Department of Justice defended the executive order, claiming it aimed to correct “misimpressions” of the 14th Amendment and prevent birthright citizenship from incentivizing illegal immigration.

With Trump vowing to appeal, the case is likely headed for higher courts. The administration had anticipated legal challenges and designed the order knowing it would face judicial scrutiny. Meanwhile, plaintiffs—including a Venezuelan doctor with temporary protected status—fear the consequences, saying the order would leave their children stateless and vulnerable.

This injunction marks a significant legal setback for Trump’s immigration policies, setting the stage for an ongoing constitutional battle.