Judge Blocks Trump's Second Birthright Citizenship Order

A federal judge on Wednesday blocked President Donald Trump's newest executive order limiting birthright citizenship, ruling that the carveouts it creates are "almost certainly unconstitutional."

U.S. District Judge Deborah L. Boardman, of the District of Maryland, granted a preliminary injunction halting the order for the class of children covered by the suit, Reuters, CNN and The Hill reported.

The order was Trump's second attempt at the policy. CNN reported that the president issued it after the Supreme Court struck down his more sweeping first effort last year.

Raw Story reported that Boardman rejected what she called a "distorted" reading of the Supreme Court's earlier decision, which the administration had used to justify the new order.

What the Injunction Does

The ruling is partial, not total. CNN described it as "partially halting" the executive order rather than striking it down outright.

Per the Wire's source reporting, the injunction bars the State Department, the Department of Homeland Security and the Social Security Administration from applying the new policy to the covered class of children, while allowing the administration to continue developing implementation guidance.

Boardman's reasoning, as reported: the Supreme Court has already recognized children in that class as citizens at birth, leaving little room for an executive order to reach a different result.

The Passport Question

The fight has already reached ordinary paperwork. The Jerusalem Post reported that the U.S. may ask parents to prove their own citizenship or immigration status to obtain passports for their children — draft State Department guidance that flows from the order now partly blocked.

The Independent reported the judge found the president's new "carveouts" limiting citizenship for newborns "are almost certainly unconstitutional."