Judge declines to block Trump's new birthright citizenship order

The Biden-appointed judge was nonetheless skeptical of the order's constitutionality.

Published: August 28, 2026 1:16pm

Updated: August 28, 2026 1:21pm

A federal judge on Friday declined to block President Donald Trump's revised birthright citizenship order after the Supreme Court struck down his first plan.

Trump originally directed federal agencies to interpret the 14th Amendment as not granting citizenship to the children of illegal aliens, but the Supreme Court shut down that order, prompting him to issue a revised directive.

U.S. District Judge Deborah Boardman previously issued a stay on Trump's first order, but did not do so against the revised version, Reuters reported.

The Biden-appointed judge was nonetheless skeptical of the order's constitutionality.

Trump signed the revised order earlier this month, aiming to expand the list of children who would not be eligible for birthright citizenship.

"We had a very unfortunate decision in the Supreme Court concerning birthright,” Trump said at the time. “It was close, but a very, very unfortunate decision. So we’re making adjustments because it’s very unfair.”

Ben Whedon is the Chief Political Correspondent for Just the News. Follow him on X.

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