Judge Blocks Trump’s Order Targeting Birthright Citizenship For H-1Bs, L-1s Families

In a significant legal development, a federal judge in Maryland has indefinitely blocked US President Donald Trump's executive order to restrict birthright citizenship.

"U.S. citizenship is a right no less precious than life or liberty," US District Judge Deborah L. Boardman said during a hearing in Greenbelt, Maryland. "The executive order conflicts with the plain language of the 14th Amendment, contradicts 125-year-old binding Supreme Court precedent and runs counter to our nation's 250-year history of citizenship by birth."

"No court in the country has ever endorsed the president's interpretation. This court will not be the first," the judge said.

This decision brings considerable relief to many, including Indian tech workers in the United States on H-1B and L-1 visas, who were concerned about the implications for their children's citizenship status.

Shortly after assuming office, Trump signed an executive order intended to deny US citizenship to children born to parents who are not permanent residents. The US has over one million Indian immigrants waiting for employment-based green cards. Trump's order specified that children born to parents on temporary visas would not receive citizenship unless one parent is a green card holder or US citizen.

This policy would have affected not only undocumented immigrants but also individuals legally residing in the US on various visas, such as H-1B and L-1. The order was set to take effect on February 20, 2025, causing significant anxiety among expectant parents facing lengthy waits for green cards. Many expectant Indian parents rushed to have preterm deliveries before the deadline set by Trump's order.

Judge Boardman's nationwide injunction will remain in effect as the case moves forward, building on an earlier temporary pause issued by a federal judge in Seattle, who described the administration's action as "blatantly unconstitutional."

About two dozen states have also sued the Trump administration contesting the order, which experts argue violates the 14th Amendment. The Amendment reads, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

The indefinite blocking of Trump's executive order on birthright citizenship marks a pivotal moment in the ongoing debate over immigration and constitutional rights in the United States. For H-1B (work visas), H-4 (dependent visas), L (intra-company transfers), and F (student visas) visa holders, particularly those from India, this decision alleviates a major source of concern, confirming that their children born in the US are entitled to citizenship under the Constitution. As legal challenges continue, this ruling highlights the strength of established constitutional protections against efforts to unilaterally alter them.