In a significant legal development, U.S. District Judge Deborah Boardman has issued a nationwide preliminary injunction against President Donald Trump’s executive order aimed at ending birthright citizenship. The executive order, signed on January 20, 2025, sought to deny U.S. citizenship to children born on American soil to parents who are neither U.S. citizens nor lawful permanent residents. The order was scheduled to take effect on February 19, 2025.
The injunction was granted in response to a lawsuit filed by five pregnant undocumented immigrants and two immigrant rights organizations. The plaintiffs argued that the executive order violated the Fourteenth Amendment of the U.S. Constitution, which guarantees citizenship to all persons born or naturalized in the United States. Judge Boardman concurred, stating that the order contradicts the clear language of the Fourteenth Amendment and over a century of legal precedent.
This ruling follows a similar decision by U.S. District Judge John Coughenour in Seattle, who previously issued a temporary restraining order against the executive action, labeling it “blatantly unconstitutional.” These judicial decisions underscore the significant legal challenges facing the administration’s attempt to redefine birthright citizenship.
The Trump administration has indicated its intention to appeal these rulings, asserting that the executive order is a necessary measure to address issues related to illegal immigration and the interpretation of the Fourteenth Amendment. Legal experts anticipate that the matter may ultimately be decided by the U.S. Supreme Court, given its constitutional implications.
The concept of birthright citizenship has been a cornerstone of American law since the ratification of the Fourteenth Amendment in 1868. The Supreme Court affirmed this principle in the landmark 1898 case of United States v. Wong Kim Ark, ruling that children born in the U.S. to foreign parents are citizens by birth. Any changes to this long-standing interpretation would represent a profound shift in American immigration and constitutional law.
