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Federal judge halts former president’s order to limit birthright citizenship, underscoring constitutional protections and legal challenges ahead.
A federal judge has issued a preliminary injunction blocking President Donald Trump’s August executive order that aimed to narrow birthright citizenship by denying it to children of “alien enemies,” birth tourists and some foreign government employees, the court said on Wednesday.
Judge Deborah Boardman concluded the order is likely unconstitutional and temporarily enjoined its enforcement while immigrant advocacy groups’ lawsuit proceeds. The suit was filed by organizations including CASA and the Asylum Seeker Advocacy Project, which had challenged an earlier, broader executive order.
The August order targeted “birth tourism,” a practice in which pregnant visitors travel to the United States to give birth so their children acquire citizenship at birth, and sought expanded enforcement against it. The administration also sought to deny citizenship to children whose parents are classified as “alien enemies,” a category the government said includes members of designated terrorist organizations and drug cartels, and to children of some foreign government employees in the United States.
Government lawyers argued the Supreme Court’s prior ruling on birthright citizenship did not foreclose narrower measures and noted existing exceptions such as the children of diplomats and alien enemies. The administration signaled it may appeal the injunction.
The court relied on the Supreme Court’s earlier ruling regarding birthright citizenship in finding the new executive order likely unconstitutional, prompting a preliminary injunction. The lawsuit brought by immigrant advocacy groups remains pending, and the Justice Department indicated it could seek review.