Maryland district judge pauses Trump's executive order on birthright citizenship

Trump's birthright citizenship executive order has blocked for a second time and still faces more lawsuits.

Published: February 6, 2025 8:27am

Updated: February 6, 2025 8:28am

A federal judge in Maryland on Wednesday issued a temporary, nationwide hold on President Donald Trump’s order to restrict birthright citizenship until the case makes its way through the courts.

“The executive order conflicts with the plain language of the 14th Amendment, contradicts 125-year-old binding Supreme Court precedent and runs counter to our nation’s 250-year history of citizenship by birth,” said U.S. District Judge Deborah L. Boardman, according to NBC News. “No court in the country has ever endorsed the president’s interpretation. This court will not be the first.” 

The injunction will last until a final ruling can be reached, unless the Trump administration can successfully appeal the decision. 

Attorney Eric Hamilton who represented the federal government in the case said that he did not have the authority to immediately say if he would be appealing the decision.  

He argued that the 14th Amendment's birthright citizenship provision applies to persons who are "subject to the jurisdiction" and owe allegiance to the United States, and does not apply to the children of noncitizens.

“The visits of immigrants here temporarily are short or of a limited nature and illegal aliens are not allowed to be in the United States in the first place,” Hamilton said.       

In Boardman noting she was not the first federal judge to place a block on the order, she also said that because citizenship is a national issue “only a nationwide injunction will provide complete relief to the plaintiffs."                                                  

The court case was filed by the groups Asylum Seeker Advocacy Project and Court Appointed Special Advocates, along with five anonymous women who are each pregnant with children who will not have citizenship in either the U S or their parent's home countries if the order goes into effect. 

The executive order, titled Protecting the Meaning and Value of American Citizenship, is the subject of seven separate lawsuits.  It was originally was blocked by a federal judge in Washington for two weeks.  If allowed to go into effect, the order will forbid federal agencies from issuing or accepting any documents recognizing citizenship of children whose parents are not citizens born after February 19.  

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