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Advocates challenge Trump’s birthright citizenship order in Maryland court

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Updated  June 30, 2025 5:12pm EDT
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FOX 5 DC
Maryland group fights to block enforcing of birthright citizenship executive order

Maryland group fights to block enforcing of birthright citizenship executive order

Two Maryland advocacy groups are challenging President Trump's executive order that aims to deny birthright citizenship to certain U.S.-born children of undocumented immigrants.

The Brief

    • Two Maryland advocacy groups are challenging President Trump's executive order that aims to deny birthright citizenship to certain U.S.-born children of undocumented immigrants.
    • At a Monday hearing, DOJ attorney Brad Rosenberg said the administration does not plan to deport affected children before the order takes effect in late July.
    • Judge Deborah Boardman requested the DOJ submit that statement in writing by noon Tuesday.

BETHESDA, Md. - Two Maryland advocacy organizations, on behalf of a group of pregnant women who are undocumented, appeared before a Maryland judge on Monday asking her to block President Donald Trump from enforcing his executive order that would deny their unborn children birthright citizenship.

Judge Deborah Boardman questioned the advocates alongside lawyers from the Department of Justice in an hour-long virtual hearing on Monday afternoon. The challengers want Boardman to block the executive order's application to:"All children who have been born or will be born in the United States on or after February 19, 2025, who are designated by Executive Order 14,160 to be ineligible for birthright citizenship, and their parents."

Brad Rosenberg, a special counsel within the Department of Justice, told the judge that the government does not believe birthright citizenship is guaranteed by the Constitution. Boardman asked Rosenberg whether the administration plans to deport children who would be subject to the Executive Order--but are not parties in the case--before the order is set to take effect in late July. 

Rosenberg said no. 

What's next:

Boardman asked Rosenberg and DOJ to submit that answer in writing by noon on Tuesday.

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