According to ABC News, a federal judge in Maryland has issued a nationwide preliminary injunction against President Donald Trump’s executive order aimed at ending birthright citizenship. U.S. District Judge Deborah Boardman delivered her ruling on Wednesday after hearing arguments from five pregnant undocumented women seeking to block the administration’s Day-1 executive order, which sought to redefine the 14th Amendment’s citizenship clause to exclude the children of undocumented immigrants.
“The denial of the precious right to citizenship will cause irreparable harm,” Judge Boardman stated in her order. “The right to U.S. citizenship is as precious as life or liberty. If the court does not enjoin the enforcement of the executive order, children subject to it will be denied the rights and benefits of U.S. citizenship, and their parents will face instability.”
Judge Boardman emphasized that a nationwide injunction was necessary due to the fundamental implications for citizenship. Her ruling follows a recent decision by a federal judge in Seattle, who criticized the Department of Justice for attempting to defend what he called a “blatantly unconstitutional” order and issued a temporary restraining order.
In her ruling, Judge Boardman stated that Trump’s executive order “conflicts with the plain language of the 14th Amendment.” She pointed out that the U.S. Supreme Court has consistently rejected the president’s interpretation of the citizenship clause, asserting, “No court has endorsed the president’s interpretation, and this court will not be the first.”
The plaintiffs’ attorney, Joseph Mead, argued that the Department of Justice’s defense represented a “reimagination of the 14th Amendment phrase ‘subject to jurisdiction.’” He contended that the executive order’s abrupt departure from established law undermines the foundation of citizenship. “Being a citizen is the foundation for so many rights,” Mead stated.
The lawsuit, filed last month by the five women and two nonprofits, claims that Trump’s executive order violates the Constitution and multiple federal laws. “If allowed to go into effect, the Executive Order would throw into doubt the citizenship status of thousands of children across the country,” the lawsuit warns.
Lawyers for the Department of Justice argued that Trump’s executive order seeks to resolve “prior misimpressions” of the 14th Amendment, claiming that birthright citizenship creates a “perverse incentive for illegal immigration.” They asserted that the executive order would deny U.S. citizenship to the children of undocumented immigrants or those with lawful but temporary status.
“The Constitution does not harbor a windfall clause granting American citizenship to those who have circumvented federal immigration laws,” DOJ lawyers argued.
Previously, U.S. District Judge John Coughenour in Seattle temporarily blocked the executive order, expressing disbelief that any lawyer could defend it constitutionally. His temporary restraining order set the stage for Judge Boardman’s consideration of a more lasting injunction.
With Trump vowing to appeal any ruling that deems his executive order unconstitutional, this preliminary injunction may represent his first opportunity to challenge the decision in a higher court.
The Trump administration reportedly spent months crafting the executive order, anticipating that it would face challenges in lower courts. While the Seattle lawsuit was brought by four state attorneys general, the Maryland case uniquely highlights the experiences of the five pregnant women who argued that they would face distinct harms under the order.
Monica, a medical doctor from Venezuela with temporary protected status who joined the lawsuit under a pseudonym, expressed her fears about the potential statelessness of her future child amid her home country’s ongoing crisis. “I’m 12 weeks pregnant. I should be focused on my child’s health, but instead, my husband and I are stressed and anxious about the reality that our child may not be able to become a U.S. citizen,” she shared.
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