Trump Birthright Citizenship Ban Faces Federal Legal Setback

Trump Birthright Citizenship Ban Faces Federal Legal Setback \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ A federal judge in Maryland says she’s ready to block President Trump’s birthright citizenship order nationwide via a class action if an appeals court allows it. The ruling would follow a similar injunction from New Hampshire last week. Trump’s January order would deny citizenship to U.S.-born children of undocumented or temporary-status parents.

Quick Looks

• Maryland judge signals intent to block Trump’s citizenship order
• U.S. District Judge Boardman awaits case return from appeals court
• Birthright citizenship order would deny citizenship to some U.S.-born children
• Judge deems nationwide class action necessary for fairness and efficiency
• A similar nationwide block was issued in New Hampshire last week
• Case expected to escalate to the Supreme Court quickly
• Recent SCOTUS ruling limits nationwide injunctions but allows class actions
• Trump’s order targets children born to undocumented or temporary-status parents
• Legal path hinges on Fourth Circuit returning case to Boardman
• Case may test limits of judicial power in executive order challenges

Deep Look

President Donald Trump’s controversial effort to limit birthright citizenship is facing mounting legal challenges, with a second federal judge poised to block the policy nationwide through a class action ruling—if the Fourth Circuit Court of Appeals clears the way.

On Wednesday, U.S. District Judge Deborah Boardman of Maryland wrote in a judicial opinion that she would grant class action status and issue a preliminary injunction to halt the implementation of Trump’s January executive order, which seeks to deny citizenship to infants born on U.S. soil to parents living illegally or temporarily in the country.

Boardman’s decision was measured: she did not issue the injunction immediately, acknowledging that her previous ruling blocking the order is still on appeal at the Fourth U.S. Circuit Court of Appeals. She emphasized that the appellate court would first need to remand the case back to her before she could act further.

Still, her intent is clear. Granting class action status would enable her to issue a nationwide injunction via class relief, a legal route that may still stand following a recent Supreme Court decision restricting the use of universal injunctions by federal district judges. That ruling limited the scope of judicial blocks but left open the question of whether such broad relief could still be accomplished through certified class actions—something Judge Boardman appears ready to test.

In her opinion, Boardman wrote that issuing an injunction now would “promote judicial efficiency and economy,” allowing the Fourth Circuit to evaluate the merits of a class-wide challenge sooner rather than later. The legal strategy could bypass the recent Supreme Court restrictions while still achieving the same broad nationwide effect.

The Maryland case follows a similar move by U.S. District Judge Joseph LaPlante in New Hampshire, who just last week issued a preliminary injunction against Trump’s birthright order and certified a class action on behalf of all affected children. His ruling included a seven-day stay to allow the federal government to appeal, signaling the high-stakes nature of the issue.

LaPlante’s ruling already established a precedent, making Boardman’s potential ruling in Maryland even more significant as a second judicial voice reinforcing the same conclusion: that Trump’s directive may violate constitutional protections and disrupt long-standing interpretations of the 14th Amendment, which guarantees citizenship to those born in the U.S., regardless of their parents’ immigration status.

If both rulings move forward, the case will almost certainly escalate to the U.S. Supreme Court, which may have to weigh whether a district court can implement a nationwide policy block through class certification, even as it curtails the use of universal injunctions.

The legal outcome also holds massive implications for thousands of families across the U.S. Trump’s executive order seeks to fundamentally redefine birthright citizenship, which has been upheld in U.S. law for more than a century. Critics say the move is constitutionally unsound and politically motivated, aimed at curbing immigration by undermining the rights of children born on American soil.

Immigration advocates argue the order could create a class of stateless children, denied documentation and civil rights through no fault of their own. Supporters of the order, meanwhile, claim it closes a loophole that allows undocumented immigrants or temporary residents to obtain legal status for their children.

Judge Boardman’s willingness to take up the class action reflects growing judicial concern over the scope and impact of the order. Legal scholars say the approach could force the Supreme Court to clarify the legal mechanisms available to lower courts in restraining presidential actions on immigration.

For now, the outcome rests with the Fourth Circuit, which must decide whether to return the case to Boardman. But if her opinion is any indication, the battle over birthright citizenship is not just about immigration policy—it’s about the limits of executive authority and the continued ability of the judiciary to act as a national check.

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