A federal judge in Maryland on Wednesday blocked an executive order from President Trump that again seeks to restrict birthright citizenship. U.S. District Judge Deborah Boardman in Greenbelt, Maryland, issued a preliminary injunction at the request of 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. This second order, issued in August 2026 after the Supreme Court invalidated Trump’s first attempt, now faces the same constitutional wall.
What changed
Boardman wrote in a 35-page opinion that the new directive was “almost certainly unconstitutional as applied to the certified class,” pointing to the Supreme Court decision in June that struck down Trump’s Day 1 executive order. Her order prohibits the administration from enforcing the new restriction against any child born after February 19, 2025, to one or more parents who were not lawfully in the country at the time.
The U.S. Supreme Court on June 30 rejected that initial effort to end birthright citizenship for children whose parents were not American citizens or legal permanent residents, finding it violated the citizenship clause of the U.S. Constitution’s 14th Amendment. The clause confers citizenship to those born in the United States who are “subject to the jurisdiction thereof.”
The ruling means federal agencies, including the State Department, Department of Homeland Security (DHS), and Social Security Administration (SSA), cannot apply the new policy to the group of children covered by the lawsuit while the case proceeds. Boardman did not block every aspect of the executive order. The administration remains free to develop and publish implementation guidance, and one section of the order not affecting the certified class was left untouched.
Why it matters
If you are advising a client whose U.S.-born child has a parent who was unlawfully present at the time of birth, this ruling is a shield against agency denial of citizenship recognition. The judge ordered federal agencies not to enforce the 2026 executive order against those class members or take actions that would deny or fail to recognize their citizenship. This means passport applications, Social Security cards, and consular documentation cannot be withheld on the basis of the executive order.
The injunction is preliminary and applies only to the certified class — the specific group of children named in the lawsuit brought by immigrant advocacy groups. However, the judge’s reasoning tracks the Supreme Court’s Barbara v. Trump decision, which is binding nationwide. “The Supreme Court has spoken: Children in the certified class are ‘citizens at birth,’” Boardman wrote. “Barbara is the law of the land. The President must follow it.”
Be aware: The Justice Department is expected to appeal, setting up what could become another major test of the administration’s efforts to reshape birthright citizenship and a possible return to the Supreme Court. Litigation will continue, and the landscape may shift.
Way forward
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Document the Supreme Court precedent. If you are advising a client on a child’s U.S. citizenship claim based on birth to unlawfully-present parents, cite Barbara v. Trump (June 2026, 6–3 decision) as the controlling authority. The district court’s injunction reinforces it.
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Monitor agency guidance changes. State Department and DHS may issue revised procedures in light of the injunction. Check their official websites for updates before filing passport or citizenship applications.
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Prepare for appeals. Expect DOJ to appeal Judge Boardman’s order. The preliminary injunction is not final, and a full trial on the merits will follow. Advise clients that the rule may change again if the government succeeds on appeal.
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File proactively. If your client’s child meets the class definition (U.S. born after February 19, 2025, to one or more unlawfully-present parents), file for passport, Social Security number, and other citizenship documents now while the injunction is in place.
Disclaimer
This article summarizes a court ruling and is not legal advice. Folaform is not a law firm. Consult a licensed immigration attorney to determine how this decision affects your specific situation and to verify compliance with all applicable laws and regulations. Federal law changes frequently and can be modified without notice; always confirm the current status of law against official sources before relying on any guidance.