Birthright Citizenship for Babies Faces Legal Crossroads

WASHINGTON – A federal judge on Monday pressed the Trump administration to explain whether it plans to remove citizenship rights or deport U.S.-born babies under a controversial executive order that has caused widespread concern among immigrant families.

At a hearing in Maryland, U.S. District Judge Deborah Boardman questioned Justice Department lawyer Brad Rosenberg about what will happen when the Supreme Court’s 30-day hold on the order ends on July 26.

“Would the government be seeking to deport babies during this interim period?” Judge Boardman asked firmly.

Rosenberg called the question “hypothetical” but said no deportations are planned for now. “At this time, there is no intent to remove children,” he said. He also noted that federal agencies are working on official guidelines for enforcing the order.

Judge Boardman was not satisfied with only verbal assurances. She ordered Rosenberg to submit a detailed written statement by Tuesday outlining exactly what the administration believes it can and cannot do before the deadline.

The confusion follows the Supreme Court’s recent decision that federal judges do not have the power to issue nationwide injunctions blocking executive actions. That ruling has led to different lower court orders in Massachusetts, Washington state, and New Hampshire. As a result, parts of the executive order could start taking effect in some states.

Birthright citizenship, protected by the 14th Amendment since 1868, automatically grants U.S. citizenship to anyone born on American soil, including children of parents who are not citizens. President Trump and his supporters argue that this policy encourages people to come to the U.S. illegally.

William Powell, an attorney for families challenging the order, said the uncertainty has left parents terrified. “They’re experiencing stress, anxiety, and fear,” Powell told the court. “They are not lawyers, and they don’t know what to believe. We can’t assure them that this is fully blocked because it isn’t.”

Powell also warned that deportation is not the only risk. “We are also concerned the order could be used in other ways to deny these children their rights,” he said.

Judge Boardman closed the hearing by emphasizing how serious the issue is. “These are important questions of constitutional law that impact real families and real children,” she said. “We need clear answers.”