US District Court Judge Deborah Boardman issued a preliminary injunction last week blocking Trump’s birthright citizenship ban from going into effect nationwide.
Since the Supreme Court ruled in favor of the Trump Administration in June –limiting the jurisdiction of judges to issue nationwide injunctions—some judges have still been able to block the ban in class action lawsuits (which they have authority to do). In this case, Judge Boardman blocked the Executive Order on behalf of babies born after February 19th who would be negatively affected by the ban. In her injunction, she notes that the ban violates the 14th Amendment of the Constitution, and that all children subject to the Executive Order should be afforded relief.
Upon approval from the appeals court to issue her ruling, Judge Boardman did so and blocked the birthright citizenship restrictions across the country. She is the fourth judge block the order since the Supreme Court’s ruling. All judges who have done so have stated that the Executive Order goes against the plain language of the 14th Amendment, which reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…”
As it stands, birthright citizenship remains protected. To stay up to date on immigration news, subscribe to our newsletter by going to our “Resources” page.