Overview

• U.S. District Judge Deborah Boardman on August 7 issued the fourth nationwide preliminary injunction blocking President Trump’s executive order to deny citizenship documents to U.S.-born children of undocumented or temporary immigrant parents
• The January 20, 2025 order sought to reinterpret the 14th Amendment’s Citizenship Clause by withholding passports and birth certificates from children born on U.S. soil to noncitizen parents
• In June the Supreme Court limited lower courts’ authority to issue universal injunctions but left class-action and state-led suits intact, prompting successive courts to maintain broad blocks
• Justice Department attorneys informed Judge John Coughenour that Solicitor General D. John Sauer intends to file a petition for certiorari expeditiously but has not yet decided which case or combination of cases to present
• Existing lower-court rulings remain in effect nationwide, ensuring current birthright citizenship protections continue until the Supreme Court resolves the policy’s constitutionality