Federal Judge blocks Trump’s birthright citizenship order nationwide

A second judge has blocked Trump’s plan to change who gets to be a U.S. citizen at birth. The judge said no U.S. court has ever agreed with Trump’s view of what the Constitution means.

On Wednesday, Judge Deborah Boardman in Maryland listened to concerns from immigrant advocacy groups and five pregnant women. These women worried their babies wouldn’t get U.S. citizenship just because of their parents’ immigration status, which they say goes against the Constitution.

“Today, virtually every baby born on U.S. soil is a U.S. citizen upon birth,” Boardman said. “That is the law and tradition of our country. That law and tradition are and will remain the status quo pending the resolution of this case.”

Boardman, who was chosen for her job by President Biden, stopped Trump’s order from starting on February 19. This pause will last while the courts figure out if the order is legal. When asked about appealing this decision, Trump’s Justice Department team requested 60 days to respond but didn’t say what they’d do next.

This new block on Trump’s order lasts longer than a previous 14-day pause that a Seattle judge ordered on January 23. That Seattle judge, John Coughenour, called Trump’s order “blatantly unconstitutional.” He’ll decide tomorrow if he wants to extend his block too.

Trump signed this order on his first day back as president, January 20. The order would deny citizenship to babies born in the U.S. if neither parent is a U.S. citizen or permanent resident. This is part of Trump’s strict approach to immigration since returning to office.

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The groups fighting against this order (CASA and the Asylum Seeker Advocacy Project) say it goes against the 14th Amendment of the Constitution, which says anyone born in the U.S. is a citizen.

Judge Boardman agreed, saying courts have strongly rejected Trump’s interpretation of the Constitution in the past. “In fact, no court in the country has ever endorsed the president’s interpretation,” she said. “This court will not be the first.”

This Maryland case is one of at least eight lawsuits across the country challenging Trump’s order. These cases were filed by Democratic state attorneys general, immigrant rights groups, and expecting mothers.

Under Trump’s plan, babies born to non-citizen parents after February 19 could face deportation. They also wouldn’t get Social Security numbers or other important benefits, and wouldn’t be able to work legally when they grow up.

According to Democratic state attorneys general from 22 states who are fighting this in courts in Seattle and Boston, this change would prevent more than 150,000 newborns each year from becoming citizens.