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Judge Says Trump’s Latest Birthright Citizenship Policy Likely Unconstitutional

The ruling applies to a certified group of legal challengers but allows federal agencies to continue developing implementation guidance.

Photo by Wesley Tingey / Unsplash

A federal judge has blocked the Trump administration from enforcing its latest effort to restrict birthright citizenship, according to CNN.

U.S. District Judge Deborah Boardman issued a preliminary injunction Wednesday, finding that the revised policy was likely unconstitutional under a Supreme Court ruling that rejected Trump’s earlier attempt to end birthright citizenship. The ruling applies to a certified group of legal challengers but allows federal agencies to continue developing implementation guidance.

Trump’s August order sought to narrow citizenship protections for certain children born in the United States, including cases involving parents classified as foreign enemies, foreign government employees or participants in so-called birth tourism.

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The White House criticized the decision as another ruling by a Biden-appointed judge against Trump’s agenda. Attorney General Todd Blanche said the administration expected legal challenges and could take the matter back to the Supreme Court.

According to CNN, a separate challenge to the policy remains pending in New Hampshire. Trump has made restricting birthright citizenship a major immigration priority during his second term.

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