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In June, the U.S. Supreme Court ruled 6-3 that birthright citizenship is protected under the 14th Amendment, affirming that children born on U.S. Soil are subject to the jurisdiction of the United States. On August 6, President Donald Trump signed an executive order attempting to carve out narrow exceptions to that protection, targeting specific groups of foreign nationals.

A federal judge in Maryland has now blocked that order. U.S. District Judge Deborah Boardman issued a preliminary injunction on Wednesday, ruling that the administration's latest attempt to restrict automatic citizenship is almost certainly unconstitutional.

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The August 6 order sought to deny automatic citizenship to children born in the U.S. To parents falling into three specific categories:

• Individuals engaging in birth tourism, defined as traveling to the U.S. On a nonimmigrant visa specifically to give birth on American soil.
• People the government deems alien enemies.
• Foreign government employees.

Judge Boardman’s 35-page opinion centered on the June Supreme Court decision in Barbara v. Trump, which the judge described as the law of the land. According to Al Jazeera, Boardman argued that because the high court had already decided the children in the affected class are citizens at birth, the executive order cannot strip that right.

The administration attempted to frame the new order as a distinct legal animal from the one struck down in June. Justice Department lawyers argued that the Supreme Court's ruling did not prevent the administration from establishing narrower exceptions, claiming the court never suggested every child born to temporary or undocumented parents is per se a citizen, with no exceptions, according to reporting by san.com.

Furthermore, the Justice Department claimed the legal challenge was premature, asserting that federal agencies had not yet had the opportunity to explain how the order would be enforced, according to Notus.

Boardman remained skeptical of these distinctions. She previously described the administration's efforts as unprecedented and accused the president of trying to rewrite the carve-outs to birthright citizenship with the stroke of a pen, as reported by san.com.

The preliminary injunction prevents federal agencies from denying or refusing to recognize the citizenship of children covered by the class action. However, according to The Sun, agencies may still prepare implementation guidance while the legal battle continues.

The case was brought by families and immigrant rights advocates, including the Asylum Seeker Advocacy Project. These groups had previously secured an injunction from Boardman last year against a prior executive order on the same issue.

Attorney General Todd Blanche told Fox News on Wednesday that the ruling was not something that is a surprise to us.

The legal status of the August 6 order remains unresolved as the administration has not yet decided whether to appeal the injunction to a higher court.

Legal Timeline of Citizenship Challenges

The current injunction is the latest in a sequence of attempts by the administration to alter birthright citizenship. According to Al Jazeera, the legal battle followed these stages:

• June 2026: The Supreme Court ruled 6-3 in Barbara v. Trump that birthright citizenship is protected under the 14th Amendment.
• August 6, 2026: President Trump signed a second, narrower executive order targeting specific groups.
• August 2026: Judge Boardman denied an initial injunction request from CASA Inc. Because the complaint cited a 2025 order already struck down by the Supreme Court.
• September 3, 2026: Judge Boardman issued the preliminary injunction against the August 6 order.

Boardman’s decision indicates that the plaintiffs have a strong likelihood of success in their claim, as reported by Notus. She asserted that the president must follow the Supreme Court's ruling, which she defined as the law of the land. This stance directly counters the Justice Department's position that the high court never suggested every child born to temporary parents is per se a citizen, with no exceptions.

The injunction's reach is specific: it bars federal agencies from denying, interfering with, or refusing to recognize the citizenship of children within the certified class. However, The Sun reports that federal agencies are still permitted to prepare implementation guidance while the litigation proceeds.

While the administration's immediate efforts are halted, the Justice Department maintains that the lawsuit was premature because agencies had not yet explained how the order would be enforced.