Federal Judge Blocks Trump’s Birthright Citizenship Order/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ A federal judge in New Hampshire blocked Trump’s order ending birthright citizenship. The judge certified a class-action lawsuit protecting all affected children. Nationwide legal battles continue as courts review Trump’s controversial policy.
Quick Look: Birthright Citizenship Ruling
- Judge blocks Trump’s executive order in New Hampshire
- Lawsuit covers all children affected by the policy
- National legal battles continue over citizenship rights
Federal Judge Blocks Trump’s Birthright Citizenship Order in New Hampshire
Deep Look
CONCORD, N.H. (AP) — A federal judge in New Hampshire announced Thursday he will temporarily block President Donald Trump’s executive order aimed at ending birthright citizenship, certifying a class-action lawsuit that covers all children affected by the controversial measure.
U.S. District Judge Joseph LaPlante said he will issue a preliminary injunction halting the order, calling the deprivation of U.S. citizenship an “irreparable harm.” His decision followed an hour-long hearing and will be finalized in a written order, including a seven-day stay to allow the government time to appeal.
The lawsuit, filed on behalf of a pregnant woman, two parents, and their infants, challenges Trump’s January order that seeks to deny citizenship to children born in the United States to parents living there illegally or temporarily. The American Civil Liberties Union and other advocacy groups are representing the plaintiffs.
At the heart of the legal battle is the interpretation of the Constitution’s 14th Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The Trump administration argues that the phrase “subject to the jurisdiction thereof” allows the government to deny citizenship to children born to undocumented immigrants—a stance critics say breaks with more than a century of settled law.
“Prior misimpressions of the citizenship clause have created a perverse incentive for illegal immigration that has negatively impacted this country’s sovereignty, national security, and economic stability,” government lawyers argued in court filings.
While Judge LaPlante acknowledged the government’s arguments were not frivolous, he said they were ultimately unpersuasive. “This was not a close call,” he said, noting the serious harm that could result from stripping individuals of citizenship rights.
Cody Wofsy, an attorney for the plaintiffs, said the ruling would protect thousands of families from “a lawless, unconstitutional, and cruel executive order.”
Thursday’s decision is part of a broader legal fight unfolding in courts across the country. Nationwide injunctions had initially halted Trump’s order, but the Supreme Court narrowed those injunctions in a June ruling, giving lower courts 30 days to take further action.
Parallel legal challenges are ongoing in Washington state and Maryland, where courts are weighing similar requests for class-action certification and broader injunctions.
One of the New Hampshire plaintiffs, a woman from Honduras who fled gang violence and is seeking asylum, said she fears for her unborn child’s future. “I do not want my child to live in fear and hiding. I do not want my child to be a target for immigration enforcement,” she wrote in a court filing.
Another plaintiff, a Brazilian man living in Florida, emphasized his child’s right to American citizenship. “My baby has the right to citizenship and a future in the United States,” he wrote.
Meanwhile, immigrant rights groups are urging calm while litigation continues. “No one has to move states right this instant,” said Ama Frimpong, legal director at CASA. “There are many paths we’re pursuing to ensure this executive order never takes effect.”
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