A federal judge in Maryland has refused to immediately suspend US President Donald Trump’s latest executive order on birthright citizenship, but questioned whether the administration can legally introduce new exceptions to the constitutional guarantee.

US District Judge Deborah Boardman on Friday rejected a request from immigrant-rights groups seeking a temporary restraining order against Trump's latest policy. The judge said the lawsuit before her was originally filed against Trump's 2025 order and did not specifically challenge the new directive issued in August 2026.

However, Boardman allowed the groups to amend their complaint and established a fast-track schedule for the legal challenge. During the hearing, she questioned the legal basis for the administration's attempt to create additional exceptions to birthright citizenship.

The judge described the move as potentially unprecedented, particularly in light of a recent Supreme Court decision concerning Trump's earlier attempt to restrict citizenship rights.

What does Trump's new order seek to change?

Trump signed the latest executive order on August 6, 2026, after the Supreme Court rejected his earlier attempt to broadly restrict birthright citizenship.

The new directive focuses in particular on so-called “birth tourism”, seeking to restrict citizenship for certain children born in the United States when their parents are foreign nationals who travelled to the country specifically to give birth.

The order also seeks to expand exceptions involving certain foreign-government employees, people classified as “alien enemies” and cases involving alleged fraud connected with obtaining citizenship.

Supreme Court ruling remains central

The latest legal dispute follows a major Supreme Court decision on June 30, 2026, which rejected Trump's earlier attempt to deny automatic citizenship to children born in the US to parents who were neither US citizens nor lawful permanent residents.

The court held that such children are covered by the Citizenship Clause of the 14th Amendment, dealing a major setback to Trump's original birthright-citizenship policy.

The new order is therefore facing scrutiny over whether the administration can achieve through narrower exceptions what the Supreme Court rejected in Trump's broader earlier policy.

Implementation still pending

Justice Department lawyers argued that the new order should not be blocked at this stage because federal agencies have not yet issued all the guidance needed to implement it. The administration is expected to provide further implementation guidance by September 5.

Judge Boardman's decision does not represent a final ruling on the legality of Trump's latest order. Instead, it keeps the legal dispute open and gives the challengers an opportunity to formally contest the new policy.

The case could now become another important test of the limits of presidential authority over US citizenship and immigration policy.