A US federal judge has blocked Donald Trump’s latest attempt to restrict birthright citizenship, in another legal setback for the president’s immigration agenda.
US District Judge Deborah Boardman issued a preliminary injunction in Maryland on Wednesday, preventing the administration from enforcing an executive order signed by Mr Trump on August 6.
The order sought to narrow the groups eligible for automatic citizenship, including children whose parents were involved in so-called birth tourism, worked for foreign governments, committed fraud or were designated “alien enemies”.
It followed the Supreme Court’s decision on June 30 to reject Mr Trump’s earlier effort to deny citizenship to children born in the US to parents who were neither American citizens nor lawful permanent residents.
The court ruled that the earlier order breached the citizenship clause of the 14th Amendment, which provides citizenship to people born in the United States who are “subject to the jurisdiction thereof”.
The latest case was brought by immigrant rights groups CASA and the Asylum Seeker Advocacy Project, representing children who could be affected by the administration’s policy.
Judge Boardman, who had previously blocked the first order, initially declined to issue an immediate restriction on the new directive after a hearing last Friday. She allowed the plaintiffs to amend their legal challenge, however, and questioned whether the order could be justified under the Supreme Court’s ruling.
Justice Department lawyers had argued that the challenge was premature because federal agencies had not yet published guidance explaining how the order would operate. That guidance was expected by September 5.
The White House order instructed the State Department, Justice Department, Department of Homeland Security and Social Security Administration to bring their policies into line with its provisions.
The ruling means the new restrictions cannot be enforced while the wider legal challenge proceeds. The administration is expected to appeal.
