Federal Judge Blocks Trump’s Birthright Citizenship Order
A federal judge has taken steps to prevent the Trump administration from enforcing a recent executive order aimed at limiting birthright citizenship across the country. This comes even though the Supreme Court recently curtailed the reach of a national injunction concerning presidential policies.
On July 10, U.S. District Judge Joseph Laplante, overseeing cases in Concord, New Hampshire, made this ruling following a request to grant class action status to challenges concerning the executive order. The plaintiffs, mainly advocates for immigration rights, are representing undocumented children in the U.S., asserting that their citizenship is at risk.
By certifying this case as a class action lawsuit, Judge Laplante has effectively issued a new national injunction, halting the enforcement of Trump’s executive orders nationwide. He expressed concern that the implementation of the order would result in children losing their U.S. citizenship.
“It’s just irreparable harm, citizenship,” he stated. “It’s the greatest privilege that exists in the world.”
The judge indicated he would extend his ruling temporarily to give the Trump administration time to appeal, assuring he would provide a more detailed written opinion soon.
The American Civil Liberties Union, alongside other plaintiffs, initiated lawsuits shortly after the Supreme Court’s June 27 decision, which impacted previous national injunctions from lower courts related to Trump’s directive.
The legal action was filed on behalf of an undocumented immigrant in the U.S. who could be impacted by the executive order, set to take effect on July 27 in accordance with the Supreme Court’s adjusted ruling.
Lawyers for the plaintiffs argued that this ruling allows judges to prohibit Trump’s policies on a national level through class action lawsuits, leveraging an exception highlighted in the Supreme Court’s decision.
Interestingly, though the 14th Amendment was originally enacted to secure civil rights for formerly enslaved African Americans and their descendants after the Civil War, three judges who previously issued nationwide injunctions noted that Trump’s directives might violate the citizenship clause. They maintained that the modern interpretation of this amendment should apply to all individuals “born or naturalized in the United States.”
In response, the Justice Department has asked Judge Laplante to confirm that Trump’s orders align with the Constitution, arguing that the plaintiffs have no standing in this matter.
Trump’s executive order stipulates that federal agencies must withhold citizenship recognition from children born in the U.S. unless at least one parent is a U.S. citizen or a legal permanent resident.
