A Biden-appointed federal judge just blocked President Trump's second attempt to crack down on birth tourism citizenship, keeping the anchor baby pipeline wide open for anyone who can make it to American soil.
Why it matters: District Judge Deborah Boardman's ruling means the practice of foreign nationals traveling to the U.S. to give birth and secure citizenship for their children continues unchecked — even after the Supreme Court signaled there were legitimate grounds to restrict it. Ordinary Americans watch another judge legislate from the bench while the constitutional question gets no honest hearing.
Boardman, a Biden appointee sitting in Maryland, issued a preliminary injunction Wednesday against Trump's August executive orders. She wrote that the order "is almost certainly unconstitutional" because the Supreme Court already decided in Trump v. Barbara that children in the class are citizens at birth. That case struck down Trump's first attempt — a Jan. 20, 2025 directive ending birthright citizenship for children of illegal immigrants and birth tourists.
Trump's second try was more targeted. One order identified specific children not eligible for automatic birthright citizenship; the other directed the Secretary of Homeland Security and Secretary of State to stop birth tourism — the practice of traveling to the U.S. specifically to give birth on American soil. The orders appeared aimed at expanding existing exceptions, like those blocking citizenship for children of foreign diplomats or occupying forces. The State Department also moved to require proof of citizenship or immigration status for parents seeking U.S. passports on behalf of their children.
The White House says it built the orders around the Supreme Court's own reasoning. "We crafted the EO around, and in concurrence, and understanding what the Supreme Court said in their decision," Attorney General Todd Blanche told Fox News' Laura Ingraham Wednesday. "And so we expected — we didn't expect this judge to say we were right."
The lawsuit was brought by CASA Inc., a nonprofit that has fought the administration's immigration measures. Another challenge is pending in New Hampshire.
White House spokesperson Lauren Bis called it "just another ruling from an activist judge appointed by Biden attempting to thwart President Trump's commonsense agenda," adding that the order "is consistent with the holdings and analysis set forth by the Supreme Court."
NBC News framed Boardman's ruling as having "reinforced the constitutional right to birthright citizenship" — language that assumes the conclusion at issue. The Post reported it straight: another block, another round. The Guardian buried the ruling in a live blog alongside items on Gloria Steinem's death and a billionaire's subpoena fight.
The Fourteenth Amendment states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." The key phrase — "subject to the jurisdiction thereof" — is the very text in dispute. The Supreme Court has recognized exceptions for children of diplomats and invading forces. Whether birth tourists fall under U.S. jurisdiction in the amendment's meaning remains the open question — one that a single district judge just answered for the whole country.
Trump's team built the order around the Supreme Court's own signals. A lower court judge said no anyway. The question now is whether this heads back to the high court — and whether the justices will let the elected branches address birth tourism, or keep the bench as the final word on who gets to be an American.
