A United States federal judge has halted former President Donald Trump’s attempt to end birthright citizenship for children born to parents who are in the country illegally or temporarily.
“Today, virtually every baby born on U.S. soil is a U.S. citizen upon birth,” ruled Maryland District Judge Deborah Boardman. “That is the law and tradition of our country.”
The ruling keeps Trump’s January 20 executive order on hold until the legal process runs its course, which may take several months or years. Experts say the Trump administration is expected to appeal the decision.
The move to eliminate birthright citizenship aligns with Trump’s broader efforts to crack down on illegal immigration.
The executive order, initially set to take effect on February 19, aimed to deny automatic citizenship to newborns if neither parent is a U.S. citizen or lawful permanent resident.
In her decision, Judge Boardman stated that the order “runs counter to our nation’s 250-year history of citizenship by birth.”
“The United States Supreme Court has resoundingly rejected the president’s interpretation of the Citizenship Clause of the 14th Amendment,” she emphasized. “In fact, no court in the country has ever endorsed the president’s interpretation. This court will not be the first.”
The ruling follows a similar decision two weeks earlier by a federal judge in Seattle, who described Trump’s order as “blatantly unconstitutional” and issued a 14-day restraining order.
That order is set to expire Thursday, with a new hearing scheduled.
Central to the case is the interpretation of the 14th Amendment to the U.S. Constitution, which was adopted after the Civil War.
The amendment declares, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The Trump administration contends that the clause excludes children of non-citizens who are in the U.S. unlawfully, calling the order a key part of the president’s effort to reform the country’s “broken immigration system” and address the “crisis at the southern border.”
Historically, courts—including the U.S. Supreme Court—have consistently interpreted the 14th Amendment as granting automatic citizenship to nearly all children born on American soil, with exceptions for diplomats’ children.
However, some conservatives argue that birthright citizenship encourages illegal immigration and is exploited through birth tourism.
The Maryland lawsuit was brought by two immigrant rights groups on behalf of five pregnant women.
One of the plaintiffs, identified as Trinidad Garcia, expressed relief after the ruling, “All I have wanted is to focus on my baby being born healthy and safe, but instead, even though my baby will be born in the U.S., I have been worried that they will be denied a right that is guaranteed under the constitution – the right to be a U.S. citizen.”
She added, “The decision will give mothers like me a bit of temporary relief as we navigate pregnancy and the uncertain future for our babies.”
According to 22 Democratic state attorneys general who filed lawsuits against the policy, the executive order would have denied citizenship to over 150,000 babies annually.
