Federal judge blocks Trump executive order restricting birthright citizenship, calling it 'almost certainly unconstitutional'

U.S. District Judge Deborah L. Boardman issued a preliminary injunction on September 2, 2026, blocking enforcement of President Trump's August 6 executive order that sought to deny birthright citizenship to children of 'alien enemies,' foreign government employees, and individuals engaged in 'birth tourism.' The ruling came after the Supreme Court had already struck down a broader birthright citizenship order in June 2026. Boardman wrote that the new order directly contradicted the Supreme Court's ruling, stating that the President 'must follow' the law of the land. This second executive order after a clear Supreme Court defeat exemplifies Trump's pattern of defying judicial authority and treating constitutional rights as obstacles to be circumvented. The injunction preserves automatic citizenship for children in the certified class while litigation proceeds.

“The 2026 Executive Order is almost certainly unconstitutional as applied to the certified class for the simple reason that the Supreme Court in Barbara already decided that the children in the class are citizens at birth.” — From Judge Deborah L. Boardman's written opinion Quote verified against source