"Court stops Trump administration from enforcing birthright citizenship directive."
A federal court in New Hampshire has blocked President Donald Trump’s executive order that aimed to restrict birthright citizenship and has certified a nationwide class to safeguard the citizenship rights of all children born on U.S. soil.
Judge Joseph LaPlante announced this decision on Thursday, July 10, following a hearing, and indicated that a written order will be issued soon, as reported by the Associated Press. The judge's ruling will also include a seven-day stay to allow for an appeal.
This ruling arises from a nationwide class-action lawsuit filed on June 27, immediately after a Supreme Court ruling that potentially allowed for partial enforcement of the executive order.
The American Civil Liberties Union (ACLU), along with its affiliates in New Hampshire, Maine, and Massachusetts, as well as the Legal Defense Fund, Asian Law Caucus, and Democracy Defenders Fund, initiated the challenge on behalf of a proposed class of infants affected by the executive order.
Their goal is to protect all families impacted by the recent Supreme Court decision in Trump v. CASA, which suggested narrowing the nationwide protections previously established against the executive order targeting birthright citizenship.
In court, these groups successfully argued for a preliminary injunction and nationwide class certification, with the ruling being made from the bench.
The court's decision included a 7-day delay to allow the government— which had argued to the Supreme Court that a nationwide class was the appropriate means to seek protection in birthright cases— to potentially appeal to the First Circuit Court of Appeals. Despite this delay, the ruling will take effect well before July 27, when the partial implementation of the unconstitutional order might have begun.
“This ruling is a significant victory and will help protect the citizenship of all children born in the United States, as intended by the Constitution,” stated Cody Wofsy, deputy director of the ACLU’s Immigrant Rights Project, who argued the case. “We are committed to ensuring that President Trump does not infringe upon the citizenship rights of any child.”
“This morning, the federal court in New Hampshire reaffirmed that President Trump's executive order to limit birthright citizenship is a clear violation of the U.S. Constitution. This executive order, now temporarily blocked nationwide through this class action lawsuit and regionally in our January lawsuit, contradicts our constitutional rights, values, and history.
Our Constitution guarantees that no politician can determine who among those born in this country deserves citizenship—a principle that continues to be strongly upheld in courts across the nation and here in the Granite State,” remarked Devon Chaffee, executive director of the ACLU of New Hampshire.
“Today’s ruling 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 crucial victory for families nationwide, 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, questioning whether they should give birth in a different state, whether their newborns would face deportation, and what future awaits their children,” noted Aarti Kohli, executive director of the Asian Law Caucus.
“This court’s injunction protecting birthright citizenship for all affected children is a significant victory for families across the country and for all Americans. This ruling reaffirms that constitutional rights cannot be revoked by executive decree.”
“Today’s decision is a triumph for our plaintiffs and millions of families across the nation who deserve clarity and stability,” stated Tianna Mays, legal director for the 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 uphold that promise.”
“For the second time, this court has confirmed 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 excited to advance this critically important case at a time when immigrant families across the country face increasing hostility, threats, and harm,” expressed Molly Curren Rowles, executive director of the ACLU of Maine.
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