Federal Judge Blocks Trump's Birthright Citizenship Order.

U.S. District Judge Deborah Boardman blocked Trump's latest birthright citizenship order Wednesday, finding it almost certainly unconstitutional as applied to children the Supreme Court has already recognized as citizens.

• Trump signed the August 6 order targeting birth tourism, children of foreign government employees, and alleged fraud cases.
• 6-3: the Supreme Court struck down Trump's first birthright order on June 30 in Barbara v. Trump.
• 3 agencies — State Department, DHS, and SSA — cannot apply the new policy to the covered class.
• The injunction does not strike the entire order and allows guidance development to continue.

Why it matters: Boardman wrote that the Supreme Court ruling in Barbara already established that children in the class are citizens at birth, leaving little room for a new executive order to reach a different result.

• The State Department had drafted guidance requiring parents to prove citizenship or immigration status when applying for children's passports.
• The ruling preserves the status quo for the class while the case proceeds toward what may be another Supreme Court appeal.

How 25 sources split on this story

Where they split: The core dispute is whether Trump's narrower 2026 order targets children outside constitutional protection or simply re-litigates ground the Supreme Court already settled.

What’s next: Federal agencies must publish implementation guidance by Saturday under the administration's own timeline.

• A second legal challenge to the new order is pending in New Hampshire.
• Whether appellate courts will treat the narrower 2026 order as constitutionally distinct from the one the Supreme Court struck down.
• How the administration's Saturday guidance will define which children fall outside the injunction's protected class.