A federal judge in Maryland is taking bold steps to block a highly controversial executive order from President Donald Trump that seeks to restrict birthright citizenship. The order, issued in January, would deny U.S. citizenship to infants born on American soil to undocumented or temporary immigrant parents.
In a strongly worded opinion released on Wednesday, U.S. District Judge Deborah Boardman stated that she would grant class action status to all children affected by the order and issue a nationwide preliminary injunction to halt its enforcement. However, she noted that she cannot act yet. Her earlier ruling, which blocked the order, is currently under appeal at the Fourth U.S. Circuit Court of Appeals. That case would need to be returned to her before she could formally issue the injunction.
Judge Boardman Indicates Her Will to Safeguard Affected Families
Judge Boardman emphasized the urgency of the case, stating that granting a preliminary injunction immediately would “promote judicial efficiency and economy.” Her proactive approach reflects a growing judicial concern about the far-reaching effects of Trump’s order, particularly for immigrant families whose children were born in the United States and are traditionally entitled to citizenship under the 14th Amendment.
If the appeals court permits her to move forward, Boardman’s injunction would apply nationwide and provide sweeping protection for potentially thousands of children born in the United States during the period when the policy was enforced.
Nationwide Momentum Against the Birthright Citizenship Ban
This latest development follows another critical ruling last week from U.S. District Judge Joseph LaPlante in New Hampshire, who also issued a nationwide preliminary injunction against the same executive order. LaPlante certified a class action lawsuit that includes all U.S.-born children impacted by the policy and added a seven-day stay to allow time for appeal.
Combined, these rulings represent a unified judiciary opposing the legality and decency of withholding birthright citizenship. They also raise the possibility that this case could be before the U.S. Supreme Court for a decision within the near future.
Supreme Court Precedent Looms Over the Legal Battle
The Supreme Court just issued a ruling constraining a district court’s authority to dole out nationwide injunctions. However, the justices left one loophole open: nationwide relief through class-action certification. Judge Boardman’s and Judge LaPlante’s rulings will presumably test the boundaries of that dodge, holding a legal battle royal over judicial authority, constitutional rights, and executive power.
Legal experts warn that allowing the order to take effect could redefine U.S. citizenship for future generations. Immigration attorney Priya Desai insists that this isn’t just a technical legal dispute; it’s a question about who we are as a country and whether the Constitution still protects birthright citizenship.
A Direct Challenge to the 14th Amendment
Trump’s executive order strikes at the heart of the 14th Amendment, which for more than 150 years has guaranteed that “all persons born or naturalized in the United States…are citizens of the United States.” Any move to deny citizenship based on the legal status of the parents would represent a dramatic reinterpretation of that clause—and could create a stateless generation of children with no recognized rights.
For immigrant families, this looming threat is more than legal theory. According to Maria Lopez, an undocumented mother of two U.S.-born children, they came here because they believed in the American dream; now the system wants them to erase their kids’ rights with a signature.
Looking Ahead
The legal battle over birthright citizenship is far from over. As the Fourth Circuit considers whether to return the case to Judge Boardman, immigrant families, civil rights groups, and legal advocates are closely watching the proceedings. The outcome could reshape America’s approach to citizenship and determine whether every child born on U.S. soil can still be called American.
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Resources:
- https://apnews.com/article/birthright-citizenship-trump-immigration-maryland-72d734dac006ea49d5a6b136f483eb21
- https://www.usnews.com/news/politics/articles/2025-07-16/federal-judge-says-she-would-block-trumps-birthright-citizenship-order-nationwide
- https://www.yahoo.com/news/federal-judge-says-she-block-221906160.html
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