Maryland Court Blocks Enforcement of New Birthright Citizenship Executive Order for Certified Class

• A federal court in Maryland has temporarily blocked enforcement of portions of a 2026 executive order that sought to create new exceptions to birthright citizenship for certain children born in the United States while litigation continues. 

Court Blocks Enforcement of Birthright Citizenship Executive Order

On September 2, 2026, U.S. District Judge Deborah L. Boardman issued a preliminary injunction preventing the federal government from enforcing portions of Executive Order 14418, “Continuing to Protect the Meaning and Value of American Citizenship,” against children covered by a certified class in CASA, Inc., et al. v. Trump, et al.

The certified class includes children whose citizenship status could be affected by efforts to limit birthright citizenship, including those impacted by the administration’s birthright citizenship executive orders.

Background 

The injunction stems from a legal challenge to Executive Order 14418, which was issued on August 6, 2026. The order sought to identify additional categories of individuals born in the U.S. who would not be recognized as U.S. citizens at birth, including certain cases involving birth tourism, surrogacy and foreign government employees. 

The executive order followed the U.S. Supreme Court’s June 2026 decision in Trump v. Barbara, which held that children born in the U.S., including those born to parents who are unlawfully or temporarily present in the country, are U.S. citizens at birth under the Constitution, subject to limited exceptions. 

Impact of the Injunction 

The ruling temporarily prevents federal agencies, including the Department of State, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration, from enforcing the challenged provisions of Executive Order 14418 against members of the certified class while the case proceeds. 

The court found that the plaintiffs are likely to succeed on their claims and that children covered by the certified class could suffer irreparable harm if the executive order is enforced before the litigation is resolved.

The decision does not prevent the government from continuing to develop guidance related to the executive order, and the administration is expected to appeal the ruling. 

Key Takeaway 

For now, the court’s order preserves existing birthright citizenship protections for children covered by the certified class and prevents federal agencies from applying the challenged provisions of Executive Order 14418 while the lawsuit moves forward. 

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