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U.S. District Judge Deborah Boardman's preliminary injunction
was expected after the judge said last month she would issue
such an order if the case were returned to her by an appeals
court. The 4th U.S. Circuit Court of Appeals sent the case back
to her later in July.
Since June, two other district courts, as well as an appellate
panel of judges, have also blocked the birthright order
nationwide.
An email to the White House for comment was not immediately
returned.
Trump’s January order would deny citizenship to children born to
parents living in the U.S. illegally or temporarily.
Boardman in February issued a preliminary injunction blocking it
nationwide. But the June ruling by the U.S. Supreme Court
upended that decision and other court rulings blocking the order
across the nation.
The justices ruled that lower courts generally can’t issue
nationwide injunctions, but they didn’t rule out other court
orders that could have nationwide effects, including in
class-action lawsuits and those brought by states.
In her ruling Thursday, Boardman certified a class of all
children who have been born or will be born in the United States
after February 19, 2025, who would be affected by Trump's order.
She said the plaintiffs in the lawsuit before her were
“extremely likely” to win their argument that the birthright
order violates the 14th Amendment to the U.S. Constitution,
which includes a citizenship clause that says all people born or
naturalized in the United States, and subject to U.S.
jurisdiction, are citizens. They were also likely to suffer
irreparable harm if the order went into effect, she wrote.
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