A federal judge in New Hampshire has temporarily halted the implementation of President Donald Trump’s executive order that aimed to eliminate birthright citizenship. In addition, the court granted class-action status covering all newborns affected by the directive across the country.
U.S. District Judge Joseph LaPlante announced he would publish a detailed explanation of his decision later in the day. The injunction he issued limits the case’s scope by excluding the parents of impacted children from the certified class, focusing solely on infants.
Judge LaPlante’s ruling stated that stripping individuals of their citizenship protections under the 14th Amendment, as well as reversing longstanding government policy, would lead to “irreparable harm.”
Despite the ruling, the Trump administration is expected to move swiftly to appeal. The development follows a recent Supreme Court decision from late June in which the justices, in a 6-3 vote, declared that plaintiffs pursuing broad relief must file as a class action, thereby curbing the ability of district courts to impose nationwide injunctions.
The Supreme Court’s ruling was limited to procedural issues regarding lower courts’ jurisdiction and did not address whether Trump’s executive order itself was lawful under the Constitution.
Nevertheless, attorneys for the Justice Department informed a federal court last week that the administration is preparing to implement Trump’s order starting July 27. They cited a 30-day grace period provided in the Supreme Court’s decision as the basis for their timeline.
Trump’s directive, which he signed on the first day of his second term in office, instructs all federal agencies to withhold citizenship documentation from children born in the United States to parents who entered the country illegally or who do not have at least one parent who is either a U.S. citizen or a legal permanent resident.
The order, issued at the outset of Trump’s second presidential term, immediately came under legal attack in January from more than 22 states and various immigrants’ rights organizations. The plaintiffs argued that eliminating birthright citizenship violates the Constitution and undermines over a century of legal precedent.
Federal judges moved quickly to put a hold on the order, setting the stage for its eventual escalation to the Supreme Court, which took up the case in May.
Following the high court’s decision, new legal challenges emerged from groups like the ACLU and other immigration advocacy organizations, who re-submitted class action complaints in states such as Maryland and New Hampshire. Judge LaPlante’s review on Thursday was part of that legal wave.
Attorneys representing the administration emphasized last week that the Supreme Court’s opinion does not prevent the government from taking other steps in the meantime. They said the administration intends to “immediately” begin rolling out official guidance on how the order will be enforced.
Immigration advocates have expressed grave concerns, warning that the consequences of the executive order could be “catastrophic.”

{Matzav.com}