President Donald Trump listens before signing executive orders in the Oval Office of the White House, Thursday, Aug. 6, 2026, in Washington, as Commerce Secretary Howard Lutnick watches. (AP Photo/Alex Brandon)

2026-09-03T01:02:31Z

A federal judge has blocked President Donald Trump’s latest attempt to limit birthright citizenship, granting a preliminary injunction against an executive order that the administration said would target “birth tourism.”

U.S. District Judge Deborah L. Boardman in Maryland on Wednesday issued the injunction until a class-action lawsuit brought by immigrant families and advocacy groups is resolved.

“The Supreme Court has spoken: Children in the certified class are ‘citizens at birth,’” Boardman, appointed by President Joe Biden, wrote in Wednesday’s ruling.

Birthright citizenship is guaranteed under current law for anyone who is born on U.S. soil, with a few exceptions. The law stretches back to 1868, when the 14th Amendment was ratified in the aftermath of the Civil War.

But Trump has long wanted to end birthright citizenship, issuing a previous executive order declaring that children born to people who are in the United States illegally or temporarily are not American citizens. The Supreme Court struck down that attempt in June.

In August, the president tried again with a narrowed executive order that appeared to restrict automatic citizenship for specific categories of people, including children born to adults with connections to foreign embassies or organizations or to anyone considered an “alien enemy” of the United States.

The order defined birth tourism as someone who enters the United States on a “nonimmigrant visa for the purpose of giving birth on American soil.” Birth tourism is already considered fraud and grounds to restrict a visa if someone seeks one specifically to obtain U.S. citizenship for a child.

The order sought to deny citizenship to children born to adults who “engaged in a commercial transaction to purchase or access birthright citizenship,” and some families said they feared their children could be denied citizenship simply because they purchased airfare to come to the U.S. and got pregnant after they arrived.

Read More

Families and organizations who sued over the birthright citizenship restrictions told the court that the executive branch has taken a broad view of who qualifies as an alien enemy, sometimes relying on speculation or misinformation to make that determination.

Others said they feared their children would be denied citizenship because a member of the parents’ extended family was connected to a gang in their home country, even though the parents were not gang members.

Sign up for Morning Wire:
Our flagship newsletter breaks down the biggest headlines of the day.







Email address




Sign up







By checking this box, you agree to AP's
Terms of Use
and acknowledge that AP may collect and use your data pursuant to our
Privacy Policy.

Uncertainty surrounding the order left them with confusion and fear, the families said.

They were joined in the lawsuit by We Are CASA, the Asylum Seeker Advocacy Project and the Institute for Constitutional Advocacy and Protection.

The administration’s attorneys argued that the request to block the order was premature and said the federal agencies tasked with enforcing it would use “appropriate measures” to do so, relying on official guidance that hasn’t been issued yet.

The judge rejected that argument.

“No matter what the guidance says, the 2026 Executive Order commands agencies to deny citizenship documents to several broad categories of children,” Boardman wrote.

“The White House must recognize it will not succeed in stripping children of their right to citizenship, evading binding court decisions or placing the president’s anti-immigrant agenda above the Constitution,” Shana Khader, legal director at We Are CASA, said in a prepared statement.

The White House did not immediately respond to a request for comment.

___ Associated Press reporter Valerie Gonzalez contributed.

REBECCA BOONE





Boone is a correspondent who covers breaking news, the courts, accountability issues and more for The Associated Press. She is based in Boise, Idaho.















twitter












mailto