Judge Blocks Trump’s Order on Natural Citizenship

Concord, N.H. – A federal judge in New Hampshire issued a ruling on Thursday that prevents President Donald Trump’s executive order from terminating the enforcement of natural citizenship across the United States.

Judge Joseph Laplante granted an interim injunction against Trump’s order following a one-hour hearing, which includes a class action lawsuit representing all children affected. The ruling includes a stay of seven days to allow for an appeal.

This decision will be taken to the Supreme Court, accelerating the discussion around high-class citizenship. Last month, the court was asked to determine if this order aligns with a decision restricting the authority of judges to issue nationwide injunctions. While the Supreme Court indicated that district judges generally can’t issue such broad injunctions, it didn’t completely rule out the possibility of achieving similar outcomes via class actions.

The approved class in New Hampshire is somewhat narrower than what the plaintiffs sought, as it doesn’t include their parents, but the attorney indicated this difference isn’t significant.

“This would protect all children across the country from this unlawful, unconstitutional, and cruel executive order,” said Cody Wofsy, the attorney for the plaintiffs.

The lawsuit was initiated on behalf of a pregnant woman, two parents, and a toddler, claiming that Trump’s January order denies citizenship to children born to parents who are illegally residing or temporarily in the U.S. The American Civil Liberties Union and others are representing the plaintiffs.

At the heart of the matter is the 14th Amendment, which states that “everyone born or naturalized in the United States is subject to that jurisdiction and is a citizen of the United States.” The Trump administration argues that “subject to that jurisdiction” allows the government to deny citizenship to babies born to women in the U.S., challenging a long-standing aspect of U.S. law.

A lawyer for the government remarked that prior interpretations of the citizenship clause created “negative incentives for illegal immigrants,” which he claims impacted national sovereignty, security, and economic stability.

Laplante, who previously issued a limited injunction in a similar case, stated that while he didn’t view the government’s arguments as frivolous, he considered them unmovable. He emphasized that his decision to grant an injunction was “not a close call,” noting the irreversible harm that could come from stripping U.S. citizenship.

“It’s just irreparable harm, citizenship,” Laplante said. “It’s the greatest privilege that exists in the world.”

A White House spokesman, Harrison Fields, accused Laplante of “abusing class action procedures,” asserting that the Trump administration would vigorously contest what he called fraudulent attempts by district court judges to obstruct the policies Trump was elected to implement.

During the hearing, Assistant Attorney General Eric Hamilton argued that approving a class action and issuing an injunction were premature, especially since only Trump has initiated action. He suggested that the injunction should be restricted to New Hampshire to prevent a single court from overturning federal policies.

There are similar cases pending from Washington to Maryland. Ama Frimpong, legal director at the non-profit immigration rights group CASA, is pursuing a nationwide injunction, stating, “There are various paths where we are all fighting to ensure this executive order doesn’t take effect.”

The New Hampshire plaintiffs are referenced only by pseudonyms, including a woman from Honduras, who is seeking asylum and expecting her fourth child in October after fleeing gang violence. She expressed concern about her family living in fear and facing possible separation due to immigration enforcement.

Another plaintiff, a Brazilian man, has lived with his wife in Florida for five years. Their first child was born in March, and he is in the process of applying for permanent status through family ties, as his father-in-law is a U.S. citizen. “My baby has American citizenship and future rights,” he stated.