Second Federal Judge Blocks Trump’s Executive Order to End Birthright Citizenship
By Okafor Joseph Afam
February 6, 2025
A second federal judge has dealt a significant blow to President Donald Trump’s executive order aimed at ending birthright citizenship, reinforcing the ongoing legal battle over the controversial policy. U.S. District Judge Deborah Boardman issued a ruling blocking the executive order, echoing the sentiments of a previous decision by U.S. District Judge John Coughenour, who had also declared the order “blatantly unconstitutional.”
In her ruling, Judge Boardman, appointed by President Joe Biden, emphasized that no court has sided with the administration on the issue, signaling a strong legal challenge to the executive action. Her decision is notable in that it extends the temporary halt to the implementation of Trump’s order, remaining in effect through the appeal process. This follows the earlier temporary pause by Judge Coughenour, which lasted just 14 days.
Boardman argued that citizenship is a “national concern that demands a uniform policy,” a sentiment that reflects the complexities of the case and the importance of clarity in the nation’s approach to birthright citizenship. “Citizenship is a most precious right, expressly granted by the Fourteenth Amendment to the Constitution,” she wrote, reinforcing her belief in the constitutional protections afforded to individuals born in the United States.
The ruling arrives less than two weeks after Judge Coughenour blocked the executive order in response to a lawsuit filed by four U.S. states—Arizona, Illinois, Oregon, and Washington. In his January 23 ruling, Coughenour expressed disbelief at the order, remarking that it “boggles the mind,” and that he had never seen such a “blatantly unconstitutional” case in his more than four decades on the bench.
Trump’s executive order sought to reinterpret the 14th Amendment, specifically its clause stating that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The order aimed to exclude children born to illegal immigrants or those on temporary nonimmigrant visas from being granted citizenship by birthright.
The lawsuit challenging the order argued that the 14th Amendment guarantees citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status. The debate has sparked widespread legal and political division, with Republican state attorneys general leading efforts to support the executive order.
Iowa Attorney General Brenna Bird, in an interview with Fox News, expressed support for the executive order, claiming that individuals who come to the U.S. on tourist visas to give birth should not be granted citizenship under the original meaning of the Constitution. Bird highlighted the financial burden on taxpayers, stating that the healthcare costs for children born under these circumstances are often covered by state-funded programs.
As the legal fight continues, Boardman’s ruling remains in place, further complicating the administration’s efforts to implement the executive order. With both judges pausing the order’s implementation, the case is expected to continue through the appeals process, with no immediate resolution in sight. The future of U.S. birthright citizenship hangs in the balance as the courts determine whether Trump’s order stands in line with the Constitution’s promises of equal protection and citizenship rights.
