Judge Blocks Trump's New Birthright Citizenship Order
If your baby was born in the US and you are not a citizen or permanent resident, you may be wondering whether your child is still protected after Trump signed a new executive order in August 2026. The answer, for now, is yes. On September 3, 2026, U.S. District Judge Deborah Boardman blocked that order, writing that the Supreme Court had already decided this question — and the president must follow it.
What if the block on Trump's birthright citizenship order gets overturned before you even find out about it? That is the real risk families face right now. For the moment, though, the order is stopped. U.S. District Judge Deborah Boardman issued a 35-page ruling on September 3, 2026, finding that Trump's August 6 executive order is "almost certainly unconstitutional" — and she ordered the State Department, DHS, and the Social Security Administration to stop enforcing it.
What the new executive order tried to do
Trump's August 6 order went further than his earlier attempt, which the Supreme Court had already struck down in late June 2026 as unconstitutional. The new order denied automatic birthright citizenship to children of foreign embassy employees, employees of international organizations like the United Nations and the World Bank, and children of parents the government labeled "alien enemies." It also targeted parents the administration accused of "birth tourism" — entering the US specifically to give birth. The federal government had not yet issued guidelines explaining how agencies would tell the difference between a parent who bought a plane ticket for a vacation and one who came solely to give birth.
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Judge Boardman pointed to a specific danger in the "alien enemy" language. The administration has already used that label to designate dozens of Venezuelan nationals with no criminal records as terrorists, sending them to a Salvadoran mega-prison. She warned that the same broad label could be used to strip citizenship from children the Supreme Court had already protected. "No presidential executive order can undo what the Supreme Court has done," she wrote. "The President must follow it."
Who brought this case
The plaintiffs include two non-profits — Casa and the Asylum Seeker Advocacy Project (ASAP) — along with individual families who could be affected. ASAP co-founder Conchita Cruz said the vague wording of the new order forces immigrant families back into court over a question the Supreme Court already answered. One of the original plaintiffs, a Venezuelan asylum seeker whose son was born while the Supreme Court was deciding the first case, said in a statement: "I know this isn't over. The threat to birthright citizenship is still out there."
What to do
- Keep your US-born child's birth certificate and any citizenship documents in a safe, accessible place. If a federal agency questions your child's citizenship, do not respond without legal help.
- If the State Department, DHS, or Social Security Administration denies a document for your US-born child, cite Judge Boardman's September 3, 2026 injunction and contact an immigration lawyer immediately.
- Follow updates from ASAP (asylumadvocacy.org) and Casa, the two organizations leading this lawsuit — they will post alerts if the government appeals or the order changes.
- If you are pregnant and in the US on a temporary visa or without legal status, consult an immigration attorney now about documenting your child's citizenship at birth.
What to do, step by step — see our guide “Appealing to the BIA”.
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Judge Boardman's injunction is binding on federal agencies right now, which means the State Department cannot refuse a US passport for a child born in the US to undocumented or temporary-visa-holding parents. However, the administration may appeal, and the legal landscape could shift quickly. If you have a US-born child whose citizenship has ever been questioned — even informally — document everything and consult an immigration attorney before any agency appointment.
Frequently Asked Questions
My child was born in the US but I am here on a tourist visa. Is my child still a US citizen?
Yes, under the current court order. Judge Boardman's ruling bars federal agencies from denying citizenship to children born in the US to parents on temporary visas or without legal status. The Supreme Court had already ruled these children are 'citizens at birth,' and the judge said that ruling stands.
What was Trump's August 6 executive order trying to do?
The order tried to deny automatic birthright citizenship to children of parents the government labeled 'alien enemies,' children of foreign embassy employees, and children of parents the administration accused of 'birth tourism' — traveling to the US specifically to give birth. Judge Boardman found the order almost certainly unconstitutional.
Which agencies are blocked from enforcing the new order?
Judge Boardman's ruling specifically bars the State Department, the Department of Homeland Security (DHS), and the Social Security Administration from denying or refusing to recognize citizenship for children covered by the Supreme Court's earlier decision.
Could this change again? Should I do anything now?
Yes, it could change. The government may appeal the ruling, and the legal fight is ongoing. Asylum Seeker Advocacy Project co-founder Conchita Cruz warned that the new executive order's vague language creates ongoing uncertainty for immigrant families. Lawyers recommend keeping all your child's birth documents in order and monitoring this case closely — or working with an immigration attorney who can alert you to changes.