A U.S. federal judge has issued a temporary injunction blocking the Trump administration’s latest executive order aimed at narrowing birthright citizenship. U.S. District Judge Deborah Boardman ruled on Wednesday that the administration’s attempt to restrict citizenship for children of “alien enemies,” foreign government employees, and those involved in “birth tourism” likely violates the 14th Amendment.
Legal Precedent and Constitutional Conflict
In her ruling, Judge Boardman cited the Supreme Court’s June 2026 decision as the controlling legal precedent. She noted that the high court had already addressed the core issue of birthright citizenship, rendering the current executive order “almost certainly unconstitutional” as applied to the certified class of plaintiffs. Rather than conducting an exhaustive analysis of the administration’s new exceptions, the court affirmed that the Supreme Court’s earlier ruling remains the “law of the land.”
This report draws on information published by CBS News.
The administration’s order specifically targeted “birth tourism”—defined as commercial travel to the U.S. for the purpose of childbirth—and sought to deny citizenship to children of individuals labeled “alien enemies.” The administration has previously applied this designation to members of transnational criminal organizations, such as drug cartels.
Arguments from the Justice Department and Plaintiffs
Attorneys for the Justice Department argued that the Supreme Court’s summer ruling did not preclude the executive branch from establishing narrow exceptions to birthright citizenship. They maintained that while the court previously protected children of temporary or undocumented immigrants, it did not explicitly rule that every child born in the U.S. is automatically a citizen, citing historical exceptions for diplomats and enemy aliens.
Conversely, plaintiffs, including the advocacy group CASA, argued that the administration is overreaching. Their legal team stated that the President lacks the authority to unilaterally redefine constitutional protections. Furthermore, the plaintiffs raised concerns regarding the broad and potentially arbitrary application of the “alien enemy” designation, noting that individuals deported under this label have disputed claims of gang membership, creating a credible risk of wrongful denial of citizenship.
Next Steps
The injunction prevents the enforcement of the executive order while the case proceeds. The administration has not yet announced a formal appeal, but the ruling sets the stage for a continued legal battle over the limits of executive authority in defining citizenship eligibility under the 14th Amendment.