A second federal judge moved to block President Donald Trump’s executive order ending birthright citizenship Wednesday.
Judge Deborah Boardman, a Biden appointee, ruled that the order is likely unconstitutional. This marks the second time a federal court has blocked the policy. The nationwide injunction is slated to remain in place while the case is adjudicated.
Boardman said the civil rights group plaintiffs, five pregnant women whose children would not be granted citizenship under the order, were likely to succeed on the merits. The plaintiffs are represented by the CASA and the Asylum Seeker Advocacy Project.
Trump’s executive order seeks to deny U.S. citizenship to children born in the country unless at least one parent is a U.S. citizen or lawful permanent resident. The administration argues that children of undocumented immigrants and temporary visa holders are not “subject to the jurisdiction” of the United States, a reinterpretation of the 14th Amendment.
In January, U.S. District Judge John Coughenour temporarily blocked President Donald Trump‘s executive order aimed at ending birthright citizenship, deeming the presidential directive “blatantly unconstitutional.” (RELATED: Republican Attorneys General Back Trump’s Executive Order On Birthright Citizenship)
Trump signed Executive Order 14156, titled Protecting the Meaning and Value of American Citizenship, on his first day in office. The order seeks to end birthright citizenship for children born in the U.S. to noncitizen parents, but it has already encountered significant legal pushback.
Judge Coughenour issued a restraining order against its implementation, siding with several states that argued the executive action violates the 14th Amendment and contradicts long-standing Supreme Court rulings.
The executive order was set to take effect in February, marking a bold attempt to reshape the interpretation of the 14th Amendment, which has guaranteed citizenship to nearly all individuals born on U.S. soil since its ratification in 1868. Many legal experts, however, argue that any effort to alter this constitutional guarantee would require far more than an executive order.
The Supreme Court decision in United States v. Wong Kim Ark (1898) affirmed that the 14th Amendment grants citizenship to nearly all individuals born in the U.S., regardless of their parents’ nationality. This precedent has formed the legal backbone of birthright citizenship for over a century.
