Biden-appointed judge rules against Trump's birthright citizenship order

U.S. District Court Judge Deborah L. Boardman of Maryland ruled against President Donald Trump's order on birthright citizenship, stating that the rule may violate the Constitution.

In a nationwide writ, Judge Boardman—nominated by former President Joe Biden in 2021—emphasized that "the executive order contradicts the clear text of the Fourteenth Amendment." The ruling came after she accepted a lawsuit filed by a group defending the rights of immigrants, regardless of their status in the country.

"The Court finds that the plaintiffs have shown they are entitled to a classwide preliminary injunction. The plaintiffs have established that they are likely to succeed on the merits of their constitutional claim because the Executive Order contradicts the plain language of the Fourteenth Amendment and conflicts with binding Supreme Court precedent," Judge Boardman wrote.

"The plaintiffs also have shown that the class representatives and members will suffer irreparable harm — the denial of citizenship — without injunctive relief. Finally, the plaintiffs have established that the balance of the equities and the public interest weigh in favor of a preliminary injunction," she concluded, adding that such "preliminary injunction" would not affect the federal government's interests.

This executive order—signed by Trump on January 20—aims to eliminate birthright citizenship for children born in the U.S. to illegal immigrants. It also prohibits federal agencies from recognizing or issuing documents that affirm their citizenship.

The order was quickly challenged in court by Democratic attorneys general and immigrant rights advocates. Then, on June 27, the Supreme Court limited the power of judges to issue so-called "universal injunctions," which had allowed a single district judge to block the implementation of a federal policy nationwide.