A second federal judge has blocked President Trump’s executive order that aimed to prevent the children of undocumented migrants from receiving birthright citizenship. U.S. District Judge Deborah Boardman stated that Trump’s order goes against the U.S.’s 250-year history of birthright citizenship and likely violates an 1898 Supreme Court ruling on the matter.
Judge Boardman emphasized that the Supreme Court has consistently rejected Trump’s interpretation of the Citizenship Clause in the 14th Amendment, noting that no court has supported his view. She stated, “This court will not be the first.”
Another federal judge in Seattle had already put Trump’s order on hold, but that ruling is set to expire soon, as a new hearing will be held. Boardman’s decision will remain in effect unless an appeals court changes it, and she will eventually issue a final ruling on the constitutional claims made by the plaintiffs.
On his first day in office, Trump signed the executive order, which aimed to limit birthright citizenship for children born in the U.S. to parents without permanent legal status, starting with babies born on February 19.
During the hearing, Eric Hamilton, a deputy assistant attorney general, argued that the Trump administration’s stance was consistent with the 1898 Supreme Court case, United States v. Wong Kim Ark. However, Judge Boardman disagreed and stated that blocking Trump’s order nationwide was important to protect public interest.
She concluded that, “Today, virtually every baby born on U.S. soil is a citizen upon birth. That is the law and tradition of our country, and it will remain in place while this case is resolved.” Boardman was appointed by former President Biden.
