White House rips activist Biden judge who upended Trump birthright citizenship order

A Biden-appointed judge temporarily blocked President Donald Trump's latest executive order seeking to limit birthright citizenship, setting up another high-profile legal battle over the scope of the 14th Amendment.

In a 35-page ruling, U.S. District Judge Deborah Boardman issued a preliminary injunction against the Oval Office's Aug. 6 executive order, which was issued a month after the Supreme Court affirmed birthright citizenship in its ruling in Barbara v. Trump. The injunction is the first to halt Trump's revised birthright citizenship order since the Supreme Court upheld birthright citizenship in June.

Boardman previously blocked Trump's original birthright citizenship executive order before the Supreme Court weighed in on the issue.

Trump's order sought to limit birthright citizenship for children whose parents are deemed alien enemies, including members of designated Foreign Terrorist Organizations, and children whose foreign parents paid a surrogate in the U.S. to give birth, among several other restrictions. The executive order prompted Court Appointed Special Advocates (CASA) to file a lawsuit against the Trump administration.

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"The 2026 Executive Order is almost certainly unconstitutional as applied to the certified class for the simple reason that the Supreme Court in Barbara already decided that the children in the class are citizens at birth," Boardman wrote in her ruling. "This Court must, once again, preliminarily enjoin enforcement of the Presidents most recent attempt to strip the right to citizenship from them."

The White House rejected Boardman's ruling as the work of an "activist judge appointed by Biden attempting to thwart President Trumps commonsense agenda."

"The birthright citizenship executive order is consistent with the holdings and analysis set forth by the Supreme Court," Lauren Bis, White House spokeswoman, said in a statement.

In a 5-4 decision on the constitutional question of birthright citizenship, the high court held that children born in the United States to parents who are unlawfully or temporarily present in the country are "citizens at birth" under the 14th Amendment in Barbara v. Trump.

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While the Supreme Court has acknowledged exceptions to birthright citizenship, such as children of foreign diplomats or children born during an enemy's hostile occupation of U.S. soil, Boardman rejected Trump's latest executive order targeting children born to alleged alien enemies. She agreed with the plaintiffs' concerns over the Trump admi