2026-09-047brief

[UPDATE] Judge Boardman blocks Trump's Aug. 6 birthright citizenship order as "almost certainly unconstitutional"

Second order, second injunction, same court.

A judge blocked Trump's order denying citizenship to U.S.-born children in "alien enemies" and "birth tourism" cases. US District Judge Deborah Boardman's 35-page preliminary injunction cites June's Supreme Court ruling in Barbara v. Trump, which held that children in the certified class are "citizens at birth." The White House called her an "activist" Biden appointee.

Feb. 19, 2025 — Trump's first try at narrowing birthright citizenship drew a nationwide class action. It covered the U.S.-born children the order would exclude. In June, the Supreme Court held in *Barbara v. Trump* that those children are citizens at birth. Aug. 6 — The White House issued a second, narrower order. It stripped citizenship from U.S.-born children in "alien enemies" and "birth tourism" cases, sending the fight back to Judge Boardman's court.

  • Order signed Aug. 6, 2026; ruling issued Sept. 3, 2026.
  • Ruling runs 35 pages and rests on the Supreme Court's June decision in Barbara v. Trump.