Earlier today, US District Judge Deborah Boardman issued a nationwide injunction to block President Trump’s birthright citizenship EO.
On January 23, 2025, enforcement for this EO was halted by a Washington federal judge’s 14-day temporary restraining order based on challenges brought forward by state attorneys general from Arizona, Illinois, Oregon, and Washington.
Judge Boardman’s preliminary injunction will remain in place through the resolution of the Maryland case, barring reversal by the Fourth Circuit or the U.S. Supreme Court. Judge Boardman said that the nationwide concern of citizenship “demands a uniform policy.”
“Today, virtually every baby born on U.S. soil is a U.S. citizen upon birth. That is the law and tradition of our country,” Judge Boardman said. “That law and tradition are – and will remain – the status quo pending the resolution of this case. The government will not be harmed by a preliminary injunction that prevents it from enforcing the executive order likely to be found unconstitutional. If anything, our system of government is improved by an injunction that prevents unconstitutional executive action.”
The EO asserted that individuals born on US soil to unlawfully present parents or those in the US temporarily (e.g., on tourist or student visas), where the father is not a US citizen or lawful permanent resident, (e.g., on any non-immigrant work, tourist or student visa), would not be considered as US citizens. The EO directs state, local, and federal agencies to prevent the issuance of citizenship documents starting on February 20, 2025.
The Executive Order would deny citizenship to more than 150,000 children born each year and leave some of them stateless.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.
Read on for a complete EIG analysis of the initial immigration-related Executive Orders»