A second federal judge has blocked U.S. President Donald Trump’s executive order attempting to end birthright citizenship. On February 5, 2025, U.S. District Judge Deborah Boardman in Maryland issued a nationwide preliminary injunction, preventing the order from taking effect. The judge ruled that the order contradicts the 14th Amendment of the U.S. Constitution, which grants citizenship to all individuals born on American soil, regardless of their parents’ immigration status.
This ruling comes just weeks after another federal judge, John C. Coughenour in Seattle, issued a temporary restraining order on January 23, 2025, against the same executive order. Judge Coughenour stated that the order was “blatantly unconstitutional” and conflicted with over a century of legal precedent. Legal experts argue that any attempt to change birthright citizenship would require a constitutional amendment rather than an executive order.
Trump has long criticized birthright citizenship, claiming it encourages illegal immigration. His latest order was part of a broader immigration policy push aimed at restricting pathways to citizenship. The Biden administration had previously reversed Trump-era immigration policies, but Trump, after returning to office in 2025, revived his efforts to change the rules on citizenship. The order faced immediate legal challenges from civil rights groups and Democratic-led states.
Immigrant advocacy organizations have hailed the court rulings as a victory for constitutional rights and immigrant families. The American Civil Liberties Union (ACLU) and other legal groups argued that Trump’s order was a direct attack on long-established rights and could create a class of stateless children. The rulings reinforce that birthright citizenship remains protected under the Constitution, making it difficult for future administrations to challenge without significant legal changes.
Despite these setbacks, Trump has vowed to continue his legal battle to end birthright citizenship. His legal team has indicated they will appeal the rulings, potentially taking the case to the Supreme Court. However, constitutional scholars predict that the high court is unlikely to overturn such a well-established precedent. As the legal fight continues, the controversy over birthright citizenship remains a key issue in the ongoing debate over U.S. immigration policy.
