White House rips ‘activist’ Biden judge who upended Trump birthright citizenship order
A US federal judge has issued a preliminary injunction blocking President Donald Trump's latest executive order restricting birthright citizenship, prompting the White House to accuse her of being an "activist judge" seeking to undermine his agenda. The ruling by Judge Deborah Boardman is the first to halt the revised order since the Supreme Court affirmed birthright citizenship in June, reigniting a contentious legal fight over the scope of the 14th Amendment.
Boardman, who was appointed by President Biden, ruled that Trump's 6 August order was "almost certainly unconstitutional", arguing the Supreme Court had already settled the matter in its Barbara v Trump decision. The order sought to deny citizenship to children of parents deemed "alien enemies", including alleged members of designated terrorist organisations, as well as children born via paid surrogacy arrangements involving foreign parents. Boardman cited concerns raised by plaintiffs, including two women who feared their children could be wrongly linked to cartels or gangs based on tenuous evidence such as tattoos or family ties. The White House defended the order as consistent with the Supreme Court's ruling, while a former Justice Department official suggested Boardman's reasoning was speculative and vulnerable to legal challenge.
In short
- Judge blocks Trump's revised birthright citizenship order via injunction.
- White House brands the Biden-appointed judge an "activist".
- Order targeted children of alleged "alien enemies" and surrogacy cases.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Supporters of the injunction argue that birthright citizenship is a constitutional guarantee and that the Supreme Court has already rejected restrictions like those in Trump’s revised order. They say broad categories based on alleged affiliations or parents’ circumstances risk wrongly denying citizenship to children, and that courts should prevent those harms while the order’s legality is tested.
The case against
Critics of the injunction argue that the revised order addresses circumstances they believe the Supreme Court’s earlier ruling did not resolve, including children of alleged members of designated terrorist organisations and some paid surrogacy arrangements. They contend that the judge’s predictions about mistaken links to gangs or cartels are speculative, and that blocking the policy before a fuller legal review may improperly constrain the executive’s authority.
Explained simply
Birthright citizenship is the principle that most children born in the United States are US citizens, regardless of their parents’ nationality. It comes from the 14th Amendment, adopted after the Civil War, and has long been part of US law.
President Donald Trump has sought to narrow that principle through executive orders. The latest order concerns children whose parents are classed as alien enemies, including alleged members of designated terrorist groups, and some children born through paid surrogacy involving foreign parents. The White House says the order is consistent with the Supreme Court’s guidance.
The dispute involves the president, the courts and families affected by the policy. Federal judges can temporarily block government action while a legal case proceeds; their rulings may then be reviewed by higher courts. The outcome could affect how the 14th Amendment is applied and which children qualify for citizenship at birth.