By Tierney Sneed, CNN
(CNN) — A federal judge on Wednesday blocked President Donald Trump’s renewed attempt to limit birthright citizenship, partially halting an executive order the president issued after the Supreme Court struck down his more sweeping effort last year.
US District Judge Deborah Boardman said the administration could not enforce the new, more limited policy, but the judge is allowing the agencies to continue to work on guidance on how they would carry out.
In the opinion accompanying the preliminary injunction, she wrote that the new policy was likely unconstitutional under the Supreme Court ruling this summer striking down Trump’s earlier attempt to end birthright citizenship.
Her order applies to the certified class of legal challengers in the case, which are any children who would have been denied citizenship under the first executive order.
CNN has reached out to the White House for comment.
The more recent executive action was aimed at tightening laws already in place and narrowing recognized exceptions to birthright citizenship – the principle in the 14th Amendment that grants citizenship to anyone born on US soil, regardless of the immigration status of their parent.
Trump’s latest order, issued in August, said that said federal agencies would not recognize the citizenship of children whose parents are not citizens if either parent is “an alien enemy,” “a foreign government employee,” or engaged in so-called birth tourism.
“If not enjoined as to the class, the 2026 Executive Order could deny the right to citizenship by birth to children whom the Supreme Court declared were citizens,” Boardman, an appointee of President Joe Biden, wrote.
A second case challenging the new policy is pending in New Hampshire.
Trump has made curbing birthright citizenship a hallmark of his second term. Immediately after returning to office last year, the president issued an executive order that sought to deny citizenship to babies of parents who are unlawfully in the country or visiting under temporary status.
But that order was rejected this summer by the Supreme Court, which concluded it was unconstitutional, prompting Trump to take the latest action that’s now the focus of the legal challenges.
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