A federal judge blocked the Trump administration’s new strategy targeting so-called “birth tourism,” finding that it likely conflicts with the 14th Amendment.

A federal judge halted President Donald Trump’s latest order restricting birthright citizenship, according to EFE.

  • Why it matters: The ruling temporarily protects the citizenship of children born in the US while a constitutional dispute with significant immigration implications continues.

Trump Changes Strategy After Supreme Court Ruling

Judge Deborah Boardman blocked an executive order Trump signed in August following the Supreme Court’s decision in late June.

The new strategy sought to identify circumstances that, according to the administration, would be exempt from the automatic citizenship granted to people born in the US.

  • The change: The White House focused part of its new campaign on combating so-called “birth tourism.”
  • What it means: The term refers to foreign women traveling to the US to give birth so their children can obtain US citizenship.

The August 6 order also addressed cases involving foreign government employees, individuals linked to terrorist organizations, and certain US territories.

Additionally, it covered situations in which parents participated in a commercial transaction to facilitate a birth in the US or through a surrogate mother.

The White House says these measures are intended to prevent abuse and protect “the meaning and value” of US citizenship.

Judge Finds Order Restricting Birthright Citizenship Likely Unconstitutional

Boardman determined in a 35-page decision that the new order is “almost certainly unconstitutional,” according to EFE.

The judge argued that the Supreme Court has already established that these children are citizens at birth and maintained that the president must comply with that decision.

  • The protection: The 14th Amendment establishes citizenship for people born or naturalized in the US and subject to its jurisdiction.
  • The scope: The block prevents the order from being applied to children affected by the administration’s proposed restrictions.

Organizations including CASA and the Asylum Seeker Advocacy Project challenged the new measure in a Maryland court.

The plaintiffs argue that the president cannot use executive orders to create new restrictions on constitutionally protected citizenship.

Birthright Citizenship Dispute Could Affect Documents and Passports

Trump’s order instructed federal agencies not to issue documents recognizing US citizenship under certain circumstances.

This directly involved the State and Homeland Security departments, as well as the Department of Justice and the Social Security Administration.

  • For families: The dispute could determine who receives federal recognition of citizenship from birth.
  • For documents: Enforcing the order could affect citizenship-related procedures, including the issuance of federal documents and passports.

However, the judicial block does not mean the legal battle is over. The administration can continue defending its interpretation in court.

The underlying question will remain the subject of an intense legal and political dispute: Should the US maintain birthright citizenship without new exceptions?

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SOURCE: EFE / The White House