A US federal judge on Friday declined to immediately block President Donald Trump's latest executive order seeking to limit birthright citizenship, while questioning whether the administration's attempt could withstand legal scrutiny. US District Judge Deborah Boardman in Greenbelt, Maryland, refused to issue a temporary restraining order requested by immigrant rights groups that had previously challenged Trump's efforts to restrict automatic citizenship for certain children born in the United States. Boardman's decision was based largely on a procedural issue rather than a final determination on the legality of the new order.

The groups seeking the emergency injunction had previously obtained a ruling from Boardman that blocked the Trump administration from enforcing its original 2025 executive order aimed at curtailing birthright citizenship. However, their existing lawsuit did not specifically challenge Trump's new 2026 order. Because the latest executive order was not included in the plaintiffs' existing complaint, Boardman said she could not use that lawsuit to immediately prevent the administration from implementing the new policy.

The judge, who was appointed by Democratic former President Joe Biden, nevertheless allowed the immigrant rights organisations to supplement their complaint and formally challenge the new order. The judge also moved quickly to establish a schedule for the next stage of the legal battle, signalling that the issue could return before her court soon. While declining to grant the immediate restraining order, Boardman questioned the substance of Trump's latest action, particularly its attempt to alter the scope of birthright citizenship through executive action.

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In her ruling, Boardman described the new order as one that “tries to strike out exceptions to birthright citizenship with the stroke of a pen.” Her comments indicate that although the procedural posture prevented her from issuing an immediate injunction, the administration's legal position could face significant scrutiny when the revised lawsuit is considered. The latest dispute forms part of Trump's broader effort to change how birthright citizenship is applied in the United States. His administration's previous attempt to restrict the constitutional principle faced legal challenges and was blocked by courts.

The US Supreme Court subsequently rejected his previous effort, adding another layer of legal uncertainty around the administration's newest order. The ruling does not represent a final decision on whether Trump's 2026 executive order is constitutional or whether it can ultimately be enforced. Instead, it leaves the administration temporarily free from an immediate injunction while giving the plaintiffs an opportunity to update their lawsuit. The expedited briefing schedule means the legality of the new order is likely to be examined by the court in the next phase of the case.

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