By FRED LUCAS, The Daily Signal | September 03, 2026
A federal judge in Maryland halted President Donald Trump’s newest executive action to restrict birthright citizenship.
U.S. District Judge Deborah Boardman issued a temporary injunction late Wednesday, writing, “The 2026 Executive Order is almost certainly unconstitutional … for the simple reason that the Supreme Court in Barbara already decided that the children in the class are citizens at birth.”
Boardman, an appointee of President Joe Biden, also asserted, “The Supreme Court has spoken: Children in the certified class are ‘citizens at birth.’”
The Supreme Court upheld citizenship for anyone born in the United States in a June decision, but Trump issued a scaled-down executive order last month preventing birth tourism, arguing it was consistent with the court’s findings.
“We have activist judges that are going after everything Trump is trying to do while they turned a blind eye to the actual corruption and the destruction of America underneath the Biden Administration,” Homeland Security Secretary Markwayne Mullin told Fox News Thursday morning.
Mullin said that birthright citizenship “has become a cash cow for illegal activity.”
“Here President Trump is saying, hey, hold on a second, this illegal activity has to stop. I’m going to use my authority to do that. Then you have an activist judge sitting on a bench saying, nope, nope, you’re not doing that,” Mullin added.
A White House spokesperson told the New York Post, “This is just another ruling from an activist judge appointed by Biden attempting to thwart President Trump’s commonsense agenda.”
Fred Lucas is senior investigative reporter for the Daily Signal. He is the author of “The Myth of Voter Suppression: The Left’s Assault on Clean Elections.”
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