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IMMIGRATION SEPTEMBER 18, 2026 | The Indian Eye 40
A Maryland Court Blocks
Trump’s Latest End-Run Around
Birthright Citizenship
CYRUS D. MEHTA & ecutive order is “almost cer- cials of foreign governments, tive Order is almost certainly agencies that “no department
tainly unconstitutional” as ap- or employees of international unconstitutional as applied to or agency of the United States
DAMIRA ZHANATOVA
plied to the certified class and organizations with immunity; the certified class”. government shall issue doc-
entered a preliminary injunc- those whose parent engaged The plaintiffs feared, for uments recognizing United
s we discussed in our tion blocking its enforcement in a commercial transaction instance, that they could be States citizenship, or accept
previous blog, the
ATrump administra- against those children. or fraudulent activity to ob- deprived of citizenship under documents issued by State, lo-
the 2026 executive order if
cal, or other governments or
The 2026 order identifies
tain or access birthright cit-
tion’s August 6, 2026 execu- several categories of persons izenship, including arrange- their parents were rightly or authorities purporting to rec-
tive orders were not genuine it asserts are not covered by ments to ensure that the wrongly be labeled an “alien ognize United States citizen-
efforts to comply with the birthright citizenship, includ- mother or a surrogate is pres- enemy,” and the child could ship” for certain U.S.-born
Supreme Court’s decision in ing those with a parent who ent in the United States or a therefore be denied citizen- children. And when agencies
Trump v. Barbara. They were is an “alien enemy,” such as U.S. territory to give birth; ship, “even though they do act on an unconstitutional cit-
an attempt to keep attack- a member of a designated and those born in a U.S. ter- not fall within a recognized izenship theory, the harm is
ing birthright citizenship by Foreign Terrorist Organiza- ritory or territorial waters exception to birthright cit- immediate. Judge Boardman
changing the labels. The U.S. tion or a Specially Designated where citizenship is not con- izenship.” The court cited explained that citizenship is
District Court for the Dis- Global Terrorist; those with a ferred by federal statute. the example of a parent who a “most precious right,” and
trict of Maryland in Casa v. parent who is a foreign gov- In Trump v. Barbara, the could be characterized as an that the threatened denial of
Trump confirms exactly that. ernment employee, including U.S. Supreme Court held that alien enemy because of their citizenship causes irreparable
On September 2, 2026, Judge ambassadors, certain embassy children born in the Unit- tattoos. The plaintiffs further harm because citizenship is
Deborah Boardman held that or consular employees, offi- ed States to parents who are suggested that they could be “the right to have rights – to
the administration’s 2026 ex-
unlawfully or temporarily denied citizenship under the freely participate in our polit-
present here are citizens birthright tourism clause of ical community”.
at birth under the Four- the executive order because The “birth tourism” pro-
teenth Amendment. The their mother bought a plane vision is no more valid than
Maryland court empha- ticket to come to the United the administration’s other
sized that the Supreme States, where she then gave carveouts. The 2026 execu-
Court had already de- birth, and this might consti- tive order purported to deny
cided that children in the tute a “commercial transac- citizenship where either par-
identical certified class tion” that falls within the sec- ent engaged in a “commer-
“satisfy both elements of ond executive order’s sweep. cial transaction to purchase
the Citizenship Clause: The opinion is especially or access birthright citizen-
they are ‘born . . . in the compelling because it treats ship,” including commercial
United States’ and ‘sub- the case as one about fideli- arrangements to ensure that
ject to the jurisdiction ty to Supreme Court prece- the mother, or a surrogate, is
thereof,’” and therefore dent, not creative relitigation. present in the United States to
“are citizens at birth”. Judge Boardman put it: “The give birth. But that theory still
That should have ended Supreme Court has spoken: collides with Barbara. What-
the matter. Instead, the Children in the certified ever one thinks about a par-
administration issued class are ‘citizens at birth.’” ent’s reason for coming to the
a new executive order She then added the line that United States, Barbara does
purporting to identify should end the administra- not permit a motive-based ex-
categories of U.S.-born tion’s latest maneuver: “Bar- ception to birthright citizen-
m of children who supposed- bara is the law of the land. ship. The Supreme Court’s
CYRUS D. MEHTA & PARTNERS PLLC ly fall outside the rule The President must follow it”. rule did not turn on whether
a parent came temporarily,
announced in Barbara.
Once the Supreme Court has
Judge Boardman correct- declared that these children paid for travel, or had a sus-
ly recognized that these are citizens at birth, the Ex- pect motive for entering the
new carveouts “bear lit- ecutive Branch cannot order United States. The Supreme
tle to no resemblance to agencies to deny or refuse to Court held that children born
the ‘narrow exceptions’ recognize that citizenship. to parents who are unlawfully
to the rule of citizenship That matters in practical or temporarily present in the
by birth recognized by terms because these orders United States are citizens at
the Supreme Court in are not abstract. They direct birth. Congress used the same
2 6th Floor Barbara” and concluded agencies to act. Executive Or- rule in 8 U.S.C. § 1401(a),
that “[t]he 2026 Execu- der 14160 instructed federal which provides that persons
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