Federal Judge Poised to Block Trump Birthright Citizenship Order

A Maryland federal judge signaled she would again block President Donald Trump’s executive order on birthright citizenship, this time via a class-wide injunction, if the Fourth Circuit sends the case back to her.

While the US Supreme Court recently limited the ability of federal trial court judges to block policies nationwide, it left open the possibility that individuals could use class action suits to seek far-reaching court orders. Judge Deborah L. Boardman, in a Wednesday order, indicated that she would grant immigration groups’ request for class-wide relief.

Boardman said she currently lacks jurisdiction because nearly every aspect of the case is on appeal to the US Court of Appeals for the Fourth Circuit. But, if the appeals court remands the case back to the the US District Court for the District of Maryland for the limited purpose of allowing her to rule on the injunction motion, she said she will grant it.

Two non-profit organizations, Casa Inc. and Asylum Seeker Advocacy Project Inc., filed this suit after Trump issued his executive order restricting automatic birthright citizenship. A class-wide injunction at this stage would block the Trump administration from enforcing the order while it is being challenged. The case is widely expected to end up back at the Supreme Court to decide whether Trump’s order is legal.

Boardman previously granted a nationwide preliminary injunction blocking the order, saying it flouted the plain language of the 14th Amendment, one of three district court judges to do so. All three cases were appealed to the Supreme Court, which partially stayed the injunctions, ruling that they were “broader than necessary to provide complete relief to each plaintiff with standing to sue.”

The Supreme Court said that because “‘the universal injunction lacks a historical pedigree, it falls outside the bounds of a federal court’s equitable authority under the Judiciary Act.’” But the high court also noted that the plaintiffs could obtain broad preliminary relief by filing a class action under the Federal Rules of Civil Procedure.

The plaintiffs in the Maryland case immediately amended their complaint, added individual plaintiffs, and sought certification of a nationwide class of people subject to the Trump order. They then filed an emergency motion for a temporary restraining order and a preliminary injunction.

In the pending appeal, the Fourth Circuit will consider whether the plaintiffs who obtained the preliminary injunction are likely to succeed on their claim, whether they will suffer irreparable harm without an injunction, and whether the balance of the equities and public interest weigh in favor of a preliminary injunction.

Because a ruling on the pending motion would require her to rule on the same issues before the Fourth Circuit, Boardman said she didn’t have jurisdiction. But the Biden appointee noted that a civil procedure rule allows the court to “‘state either that it would grant the motion if the court of appeals remands for that purpose or that the motion raises a substantial issue,’” if the court lacks authority to grant relief because of a pending appeal.

If the Fourth Circuit remands the case, Boardman noted that she’d grant the motion for the same reasons she granted the original preliminary injunction.

Institute for Constitutional Advocacy and Protection and attorneys from Casa and Asylum represent the plaintiffs. The US Department of Justice represents the government.

The case is Casa Inc. v. Trump, 2025 BL 248010, D. Md., No. 8:25-cv-00201, 7/16/25.