In a significant legal development, a federal judge has issued a second temporary pause on President Donald Trump's executive order aimed at eliminating birthright citizenship for children born in the U.S. to undocumented immigrants. U.S. District Judge Deborah Boardman ruled on Wednesday that her court would not endorse the Trump administration’s interpretation of the 14th Amendment, stating, “This court will not be the first” to do so. This order comes after a previous hold was placed on Trump's directive due to a separate lawsuit initiated by four states in Washington, where a judge described the executive order as “blatantly unconstitutional” AP News.

Overall, 22 states have filed lawsuits, as well as various advocacy groups, in an effort to block the executive action. Among those challenging the order are the Asylum Seeker Advocacy Project and immigrant rights organization CASA, who argue that birthright citizenship is fundamental to American democracy. Their suit includes testimony from expectant mothers who fear the implications of the order, stating that “the principle of birthright citizenship is a foundation of our national democracy and has shaped a shared sense of national belonging for generation after generation of citizens” The Guardian.

The 14th Amendment, adopted post-Civil War to safeguard the citizenship rights of formerly enslaved individuals, unequivocally states that “all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” However, the Trump administration contends that children born to noncitizens are not “subject to the jurisdiction” of the U.S., thereby not entitled to citizenship. They argue that "the Constitution does not harbor a windfall clause granting American citizenship to the children of those who have circumvented federal immigration laws” Los Angeles Times.

In addition to the Democrat-led challenges, 18 Republican attorneys general have announced their intention to defend Trump’s birthright citizenship stance, joining a federal suit in New Hampshire. As the legal battles unfold, the issue raises complex questions about immigration policies and constitutional rights, particularly as the U.S. maintains one of the few birthright citizenship laws in the world HuffPost.

With ongoing debates in Congress surrounding funding and support for various immigration initiatives, whether Trump's administration can successfully implement its agenda remains to be seen, particularly against the backdrop of these legal challenges.