A US federal judge has blocked the enforcement of President Donald Trump’s second executive order targeting birthright citizenship. The ruling protects a specific class of children born in the United States whose parents have certain immigration statuses. Meanwhile, the Department of Homeland Security (DHS) has moved one part of the order into federal regulations, while acknowledging that the court’s injunction prevents it from applying the rule to the protected children.

Court Blocks the Second Order

On September 2, 2026, US District Judge Deborah Boardman issued a classwide preliminary injunction in CASA, Inc. v. Trump. She found that Executive Order 14418 is almost certainly unconstitutional as applied to the protected class.

The order was signed by Trump on August 6, shortly after the Supreme Court had rejected his first attempt to restrict birthright citizenship.

Who Is Protected by the Injunction?

The injunction protects children born in the United States after February 19, 2025 when:

• The mother was unlawfully present in the US or was lawfully but temporarily present.
• The father was neither a US citizen nor a lawful permanent resident at the time of the child’s birth.

The injunction applies to government agencies such as the Department of Homeland Security, Department of State, Department of Justice, and Social Security Administration. However, it does not directly block the President.

DHS Introduces a New Regulation

On September 4, DHS introduced an interim final rule addressing children born in the US to certain foreign government employees.

The regulation expands the existing term “foreign diplomatic officer” to the broader term “foreign government employee.” It can cover accredited diplomats, embassy and consulate staff, and certain officials working for foreign governments or international organizations with immunity.

However, US citizen parents remain an exception.

Children of Foreign Government Employees

Under the amended regulation, a child born in the US to a qualifying foreign government employee is generally excluded from birthright citizenship.

Instead, the child may be able to register as a lawful permanent resident using Form I-485. If approved, the permanent-resident status can be recorded as effective from the child’s date of birth.

DHS also stated that it will not apply this regulation to children protected by Boardman’s injunction unless the government first obtains relief from the court.

Birth Tourism Enforcement Continues

A separate executive order, Executive Order 14419, targets birth tourism through visa enforcement, rather than directly changing citizenship rules.

Although its detailed implementation guidance has not yet been published, enforcement has already begun. On August 12, the State Department announced a Birth Tourism Prevention Task Force. The department said it had already revoked more than 600 visas connected to birth tourism.

Another Court Challenge Is Pending

The plaintiffs who previously won the Barbara case filed another motion in a New Hampshire federal court on August 11. They asked the court either to confirm that its existing injunction also covers the new executive order or to issue a new injunction.

No public ruling has been issued on that motion yet.

Summary

The main development is that Trump’s second birthright citizenship order is currently blocked for a defined class of children by a federal court injunction. DHS has nevertheless introduced a related regulation concerning children of foreign government employees, but it has acknowledged that the injunction prevents its application to the protected class. At the same time, visa-based enforcement against birth tourism continues, while another court challenge remains pending in New Hampshire.