Trump Suffers Fresh Court Setback Over Birthright Citizenship
- A federal judge ruled Donald Trump's August executive order limiting birthright citizenship is 'almost certainly unconstitutional'
- The ruling came after CASA Inc., a Maryland nonprofit, updated its complaint to cite the August order specifically
- Attorney General Todd Blanche explained that the administration will appeal and is prepared to take the case back to the Supreme Court
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Legit.ng journalist Ridwan Adeola Yusuf has over 9 years of experience covering migration issues and international affairs.
Washington, USA - The federal judge in the United States has blocked President Donald Trump's most recent executive order seeking to restrict birthright citizenship, saying the order almost certainly violates the country's constitution.
As reported recently by NBC News, U.S. District Judge Deborah Boardman issued the 35-page ruling, finding that the order Trump signed on August 6 to narrow who qualifies for citizenship by birth cannot go into effect.
Source: Twitter
CBS News also noted the update.
In her decision, Boardman wrote that since returning to office on January 20, 2025, the president had repeatedly tried "to upend our country's longstanding tradition of birthright citizenship and eliminate, for large swaths of Americans, the right to citizenship by birth, a right enshrined in the Citizenship Clause of the Fourteenth Amendment."
Judge blocks Trump’s birthright citizenship order
The ruling was not entirely unexpected. The previous week, Boardman had refused a request to block the August order only on a technicality, noting that the original complaint filed by CASA Inc., a nonprofit based in Maryland, had cited Trump's earlier 2025 order rather than the newer August one.
After the complaint was updated, the judge made clear she intended to rule in CASA Inc.'s favour, saying Trump appeared to be "trying to rewrite the carve-outs to birthright citizenship with the stroke of a pen."
Boardman also pointed to the U.S. Supreme Court's June ruling, which had already blocked Trump's original January 2025 executive order that sought to end birthright citizenship broadly.
The August directive was narrower, targeting specific groups such as children born to parents classified as "alien enemies" of the United States or those working for foreign embassies.
White House defends Trump citizenship order
Meanwhile, the White House pushed back firmly. Spokesperson Lauren Bis called Boardman an "activist judge" and said the August executive order was consistent with what the Supreme Court had set out in its June decision.
Attorney General Todd Blanche, speaking on Fox News on Wednesday evening, September 2, said the ruling came as no surprise to the administration.
"We crafted the EO around, and in concurrence, and understanding what the Supreme Court said in their decision," Blanche said, adding that the administration would continue fighting and was prepared to return to the Supreme Court if necessary.
Source: Getty Images
The State Department has separately proposed requiring parents to show proof of their own citizenship or immigration status when applying for passports on behalf of their children, a move linked to the broader effort to tighten controls around birthright citizenship.
Trump's 2025 executive order faced legal challenges almost immediately after it was signed, with opponents arguing it conflicted directly with the 14th Amendment, which grants citizenship to all persons born or naturalised in the United States and subject to its jurisdiction.
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