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US judge won’t immediately block Trump’s newest order limiting birthright citizenship

Boardman said the lawsuit did not challenge the new order, but she set a swift briefing schedule for advocates seeking to protect affected children.

  • On Friday, District Judge Deborah Boardman in Greenbelt, Maryland, declined to immediately block President Donald Trump's August 6 executive order limiting birthright citizenship, ruling the current lawsuit did not specifically address the new directive.
  • Trump issued this order after the Supreme Court struck down his initial 2025 directive on June 30, finding it violated the Fourteenth Amendment, while specifically targeting "birth tourism" where parents travel to the United States.
  • Boardman stated the order "tries to strike out exceptions to birthright citizenship with the stroke of a pen," and instructed the coalition of immigrant families to supplement their complaint before she considers injunctive relief.
  • U.S. Department of Justice attorneys opposed the injunction, noting federal agencies must issue public guidance by September 5, while the legal case is expected to continue with a revised petition for a restraining order.
  • The Fourteenth Amendment guarantees citizenship to nearly all children born on U.S. soil; the coalition's lawyers argued that the Executive Branch lacks authority to unilaterally change this constitutional law, regardless of how many executive orders the President issues.
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However, the judge appointed by Biden was sceptical about the constitutionality of the order.

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CNN Brasil broke the news in São Paulo, Brazil on Friday, August 28, 2026.
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