A federal judge in Maryland has issued a nationwide injunction blocking President Donald Trump’s executive order to end birthright citizenship. This decision effectively prevents the order from taking effect across the U.S.
The case was brought forward by five pregnant women who are undocumented immigrants. They argued that Trump’s executive order would take away the right to U.S. citizenship for their children, which they said would cause serious harm. U.S. District Judge Deborah Boardman agreed, stating that the loss of citizenship would be harmful not just for the children but also for their parents, who would face increased instability.
“The denial of the precious right to citizenship will cause irreparable harm,” Judge Boardman said. “It has been said the right to U.S. citizenship is a right no less precious than life or liberty.”
Judge Boardman also explained that this ruling applies nationwide because the issue involves the fundamental right to U.S. citizenship.
This ruling comes two weeks after another federal judge in Seattle temporarily blocked the same executive order, calling it “blatantly unconstitutional.” The Maryland ruling also said Trump’s order goes against the plain meaning of the 14th Amendment, which grants citizenship to anyone born in the U.S.
“The U.S. Supreme Court has resoundingly rejected the president’s interpretation of the citizenship clause,” Judge Boardman noted. “In fact, no court has endorsed the president’s interpretation, and this court will not be the first.”
The women who filed the lawsuit, along with two nonprofit groups, argue that Trump’s order violates the Constitution and federal law. They say the executive order would create confusion about the citizenship status of thousands of children, including their own.
One of the plaintiffs, a pregnant doctor from Venezuela who is living in the U.S. under temporary protected status, shared her concern. “I’m 12 weeks pregnant. I should be worried about the health of my child. I should be thinking about that primarily, and instead my husband and I are stressed, we’re anxious, and we’re depressed about the reality that my child may not be able to become a U.S. citizen.”
The Department of Justice, defending Trump’s executive order, argued that it was aimed at fixing what they see as misunderstandings about the 14th Amendment. They claim birthright citizenship encourages illegal immigration, and they believe the Constitution does not automatically grant citizenship to the children of undocumented immigrants or those in the country temporarily.
However, the judge disagreed, stating that the executive order is inconsistent with the Constitution’s language and history.
Now that Judge Boardman has issued a preliminary injunction, the case could move to higher courts. If Trump’s team decides to appeal, this will be the first chance for an appeals court to weigh in on the order’s constitutionality.
The legal challenges to Trump’s order show just how divisive and complex the issue of birthright citizenship is. The case in Maryland and the one in Seattle could lead to different rulings, with each case focusing on how specific groups of people might be affected by the order.
This nationwide block gives the plaintiffs a temporary victory, but the legal battle over birthright citizenship is far from over.
