A federal judge in New Hampshire agreed Thursday to issue a new nationwide block against President Donald Trump’s executive order seeking to end birthright citizenship.
U.S. District Judge Joseph Laplante in Concord, New Hampshire barred the Trump administration from enforcing his executive order limiting birthright citizenship nationwide after the Supreme Court restricted the ability of judges to block his policies using nationwide injunctions.
Laplante made the ruling July 10 after immigrant rights advocates implored him to grant class action status to a lawsuit filed seeking class-action protection for all babies nationwide who could be impacted by the policy, as well as their families. Cody Wofsy, an attorney with the American Civil Liberties Union (ACLU), emphasized that the affected children would face lasting and serious harm if denied birthright citizenship—a claim the judge found credible.
The executive order, announced by Trump shortly after he took office in January, would limit automatic citizenship to children born in the U.S. only if at least one parent is either a U.S. citizen or lawful permanent resident. It would exclude children born to mothers in the country on temporary visas—including tourists, students, and those in the Visa Waiver Program—if the fathers do not hold U.S. citizenship or permanent residency. Although the Supreme Court has not yet ruled on the constitutionality of Trump’s birthright citizenship policy, it previously allowed the order to move forward starting July 27, unless blocked by further court action.
During Thursday’s hearing, Judge Laplante called the denial of birthright citizenship an “irreparable harm,” and described the right to citizenship as “the greatest privilege that exists in the world.” The judge approved the class-action request, but limited it to children who would be affected by the order. Parents, he ruled, would not be included in the certified class. In addition, he granted a preliminary injunction to temporarily stop the executive order from being enforced. However, he delayed the implementation of the injunction for seven days to allow the federal government time to appeal.
Wofsy said during a press conference following the ruling: “Today the court took a critical step by certifying a nationwide class of children affected by the President’s order and blocking its implementation. This decision ensures protection for every child in the U.S. from an unlawful, unconstitutional, and harsh executive action.”
Lawyers representing the Department of Justice argued against both the injunction and the class certification, claiming the relief requested was overly broad and said the timing of the legal challenge was premature. They also expressed concern about whether the legal standards for class-action certification had been satisfied.
Editorial credit: Phil Pasquini / Shutterstock.com
