US Domestic — 2026-09-04

Federal Judge Blocks Trumps Second Executive Order on Birthright Citizenship Citing Supreme Court Precedent

BLUFBoardman's injunction likely keeps the second birthright-citizenship order blocked through December 31, 2026, leaving no executive path to curb jus soli absent a favorable Supreme Court review.

U.S. District Judge Deborah Boardman in Maryland issued a preliminary injunction on Wednesday blocking Trump's second executive order on birthright citizenship, signed August 6, which would deny citizenship to children born to parents designated "alien enemies," foreign government employees, or accused of "birth tourism" 1234. Boardman's 35-page ruling applies to the certified class of challengers from the first birthright citizenship order and holds the new policy "almost certainly unconstitutional," citing the Supreme Court's June ruling that struck down Trump's original 2025 order 23. The White House called the ruling the work of "an activist judge appointed by Biden," while Attorney General Todd Blanche said the administration was not surprised and would return to the Supreme Court if necessary 234. A second challenge to the August order is pending in New Hampshire 2.

Analysis
Boardman's injunction reapplies the Supreme Court's June ruling to a narrower order, leaving the administration no executive route to curb birthright citizenship absent a favorable high court review. The policy likely remains enjoined through December 31, keeping current citizenship rules in effect for the certified class and forcing DOJ to litigate a parallel New Hampshire challenge. Blanche's on-record pledge to return to the Supreme Court signals the administration will pursue appellate review rather than abandon the effort or draft a third order. We have high confidence in this judgment, reflecting convergent primary reporting on the ruling's reasoning and the administration's stated response.

4 sources