A federal judge just delivered a big — though temporary — win to President Trump on birthright citizenship.
On Friday, Biden-appointed U.S. District Judge Deborah Boardman refused to block his latest executive order targeting birth tourism.
BREAKING: U.S. District Judge Deborah Boardman has DECLINED a request to block Trump's new executive order on birthright citizenship, which cracks down on abusive birth tourism.
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— Libs of TikTok (@libsoftiktok)
August 28, 2026
In June, the Supreme Court ruled against President Trump’s original executive order ending birthright citizenship for illegal aliens.
So, earlier this month, he issued two new executive orders.
One of those specifically cracks down on the growing practice of birth tourism — where a foreigner intentionally travels to the United States to give birth in order to secure dual citizenship for their baby.
As part of an ongoing lawsuit by immigration advocates, Judge Boardman was asked to block that order from going into effect.
She denied that request — at least, for now.
Notably, Judge Boardman is the same judge who ruled against President Trump’s birthright citizenship executive order last year.
And, it doesn’t appear like she has had a change of heart since then.
Rather, she could not grant the plaintiff’s request for a temporary restraining order because their current lawsuit doesn’t even mention President Trump’s new executive order!
Reuters reported further on Judge Boardman’s reasoning for denying the block:
U.S. District Judge Deborah Boardman in Greenbelt, Maryland, rejected a request for a temporary restraining order sought by immigrant rights advocates who had last year secured a ruling from her blocking the Trump administration from enforcing his initial 2025 executive order curtailing birthright citizenship.
Boardman, an appointee of Democratic President Joe Biden, said because the plaintiffs’ lawsuit did not even mention Trump’s 2026 order, she was unable to block it from being implemented at this time.
But she said she would allow the groups to supplement their complaint and set a swift briefing schedule for the plaintiffs to once again challenge the order, which “tries to strike out exceptions to birthright citizenship with the stroke of a pen.”
“As far as I can tell, this is unprecedented,” Boardman said.
The U.S. Supreme Court on June 30 rejected Trump’s initial effort to end birthright citizenship for children whose parents were not American citizens or legal permanent residents, known as green card holders, finding it violated the citizenship clause of the U.S. Constitution’s 14th Amendment.
Following that decision, Trump signed a new order on August 6 that took particular aim at “birth tourism,” in which women travel to the United States to give birth so their children can obtain automatic citizenship.
While the battle over birthright citizenship is not over yet, today’s ruling means that the executive order can remain in effect while further litigation plays out.
Cracking down on birth tourism in our nation is long overdue.
Perhaps Steven Miller put it best in this clip:
JUST IN: A federal judge has just REFUSED to block President Trump's landmark executive order that severely cracks down on birthright citizenship tourism loopholes
The request for a TRO is hereby DENIED by U.S. District Judge Deborah Boardman while the case plays out
This…
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— Eric Daugherty (@EricLDaugh)
August 28, 2026
JUST IN: A federal judge has just REFUSED to block President Trump’s landmark executive order that severely cracks down on birthright citizenship tourism loopholes
The request for a TRO is hereby DENIED by U.S. District Judge Deborah Boardman while the case plays out
This isn’t the end of it, but it means the EO is still in effect
This judge is liberal, so she could go back and strike it down once the leftist group filing the lawsuit amends their complaint
THIS IS VITAL TO SECURE AMERICA!
Stephen Miller nailed it:
“Section 215A of the Immigration and Nationality Act gives the President this authority, 215A of the Immigration and Nationality Act. Very rarely used, probably one of the strongest laws in the entire federal code gives him this power.”
“That’s not the only, but it’s the main statutory authority that’s being used in this order.”
“Birth tourism is by definition a fraud on the American system, on the American taxpayer, on the American visa.”
“If you’re coming here, and again, your state of purpose is that you’re a tourist, then by definition you are here to come for a few weeks, look what we have, engage in commerce and leave.”
“So if you’re telling a officer, you’re here as a tourist, but your true purpose and intent is to go to a baby mill, give birth, and try to mint an American citizen while you’re here, then you’re committing a fraud against the American government!”
What are your thoughts?
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[ H/T WLT Report ]
