Friday, July 11, 2025 - A federal court in New Hampshire today blocked President Donald Trump’s executive order restricting birthright citizenship and certified a nationwide class that protects the citizenship rights of all children born on U.S. soil.
Judge Joseph LaPlante made the announcement Thursday, July
10, following a hearing and added that a written order will follow,
according to the Associated Press. The judge’s order will also include a
seven-day stay to allow for appeal.
The ruling stems from a nationwide class-action lawsuit
filed June 27, immediately after a Supreme Court ruling that potentially opened
the door for partial enforcement of the executive order.
The American Civil Liberties Union, ACLU of New Hampshire,
ACLU of Maine, ACLU of Massachusetts, Legal Defense Fund, Asian Law Caucus, and
Democracy Defenders Fund brought the challenge on behalf of a proposed class of
babies subject to the executive order. It seeks to protect all impacted
families in the country in the wake of the Supreme Court’s recent
decision in Trump v. CASA, which directed courts to consider
narrowing nationwide protection that had been provided in the first round of
challenges to the executive order attacking birthright citizenship.
The groups were in court today successfully arguing for a
preliminary injunction and nationwide class certification. The ruling was made
from the bench.
In granting the request, the court provided for a 7-day
delay so that the government — which argued to the Supreme Court that a
nationwide class was the appropriate way to seek nationwide protection in the
birthright cases — could nevertheless try to get the First Circuit Court of
Appeals to stay the relief, if it decides to pursue that option. Even with a
7-day delay, the ruling will go into effect well before July 27, when partial
implementation of the unconstitutional order might otherwise have begun.
“This ruling is a huge victory and will help protect the
citizenship of all children born in the United States, as the Constitution
intended,” said Cody Wofsy, deputy director of the ACLU’s Immigrant’s
Rights Project, who argued the case. “We are fighting to ensure President
Trump doesn’t trample on the citizenship rights of one single child.”
“This morning, the federal court in New Hampshire agreed
once again that President Trump's executive order to restrict birthright
citizenship is a blatant violation of the U.S. Constitution. The executive
order, which is now temporarily blocked nationwide in this class action lawsuit
and blocked regionally in our January lawsuit, stands in flagrant opposition to
our constitutional rights, values, and history. Our Constitution ensures that
no politician can decide who among those born in this country is worthy of
citizenship — a principle that continues to be ardently reinforced in court
across the country and here in the Granite State,” said Devon Chaffee,
executive director of the ACLU of New Hampshire.
“Today’s decision is a powerful affirmation of the 14th
Amendment and the enduring principle that citizenship in the United States is a
right by birth, not a privilege granted by politics. By granting nationwide
class certification and blocking the executive order from taking effect, the
court has sent a clear message: all children born on U.S. soil are entitled to
the full rights and protections of citizenship. This is a critical victory for
families across the country, and we will continue to defend the constitutional
promise of equal protection under the law,” said Morenike Fajana, senior
counsel of the Legal Defense Fund.
“Since the Supreme Court’s decision, parents have lived in
fear and uncertainty, wondering whether they should give birth in a different
state, whether their newborns would be subject to deportation, and what kind of
future awaits their children,” said Aarti Kohli, executive director of
Asian Law Caucus.
“This court’s injunction protecting birthright citizenship
for all affected children is a major victory for families across this country
and for all Americans. This ruling reaffirms that constitutional rights cannot
be stripped away by executive decree.”
“Today’s decision is a victory for our plaintiffs, and
millions of families across this country, who deserve clarity, and stability,”
said Tianna Mays, legal director for Democracy Defenders Fund. “The fight
to uphold the guarantee of birthright citizenship is far from over and we will
continue to advocate to ensure we keep that promise.”
“For the second time, this court has affirmed the
constitutional commitment that anyone born in the United States is a citizen,
regardless of their parents’ background. The U.S. has always been a nation of
immigrants, and we are thrilled to be moving forward with this critically
important case at a time when immigrant families across the country face
increasing hostility, threats, and harm,” said Molly Curren Rowles,
executive director of the ACLU of Maine.
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