A federal judge in Maryland has reinforced the nationwide block on President Trump’s executive order aimed at limiting birthright citizenship for children born in the United States to undocumented parents.
The order signed by Donald Trump “goes against 250 years of our nation’s history regarding birthright citizenship,” stated Judge Deborah Boardman on Wednesday. She also noted that the order “is likely unconstitutional,” citing the landmark 1898 Supreme Court case United States v. Wong Kim Ark.
“The United States Supreme Court has emphatically rejected the president’s interpretation of the 14th Amendment’s Citizenship Clause,” Judge Boardman added. “No court in the country has ever upheld the president’s interpretation. This court will not be the first,” she told attorneys representing the U.S. Department of Justice, according to The Hill.
Trump’s executive order, signed on his first day back in office, seeks to prevent the children of undocumented immigrants from automatically receiving U.S. citizenship at birth. It applies to babies born on or after February 19 and is part of a broader set of immigration measures enacted by Trump’s far-right administration.
A federal judge in Seattle had previously issued a temporary block on the order, but that ruling is set to expire on Thursday, when a new hearing is scheduled. Judge Boardman’s decision, unless overturned by an appeals court, will remain in effect until she issues a final ruling on the case, a process that could take months.
Assistant Deputy Attorney General Eric Hamilton defended the administration’s position in court, arguing that it aligned with Wong Kim Ark. “We have not taken the position that Wong Kim Ark is bad law. We believe it is consistent with the rule we have established for the Citizenship Clause,” he stated, according to The Hill.
However, Judge Boardman rejected this argument and emphasized the need to halt the executive order to uphold legal precedent and protect the public interest. “Today, virtually all babies born on U.S. soil are citizens at birth. This is the law and tradition of our country. This law and tradition will remain unchanged until this case is resolved,” she asserted.
The Maryland case is one of nine lawsuits challenging Trump’s executive order, with hearings scheduled across the country in the coming days.
The Maryland plaintiffs include two immigrant rights organizations and five anonymous pregnant women who have not yet obtained legal immigration status in the United States. Other legal challenges involve 22 Democratic attorneys general, the ACLU, and Santa Clara County, California.
Opponents of the order argue that courts have only recognized a few exceptions to birthright citizenship under the 14th Amendment, such as children of diplomats or enemies engaged in hostile occupation. “Generations of children have grown up with this promise,” said Joseph Mead, an attorney representing the Maryland plaintiffs during the hearing, according to The Hill.
As the legal battle continues, Judge Boardman made it clear that maintaining the status quo is essential. She emphasized that “the government will not be harmed by a preliminary injunction preventing the enforcement of an executive order that is likely to be found unconstitutional,” she concluded.