New Hampshire judge halts Trump’s birthright citizenship order amid nationwide class action suit

A federal judge in New Hampshire has taken a significant step to pause President Donald Trump’s executive order ending birthright citizenship. Judge Joseph LaPlante has decided to certify a class-action lawsuit that includes all children affected by the order and issue a preliminary injunction to block it. This decision came after an hour-long hearing, and Judge LaPlante stated that a written order would follow, including a seven-day stay for appeals.

The class-action lawsuit was originally filed on behalf of a pregnant woman, two parents, and their infants, challenging the constitutionality of Trump’s order that denies citizenship to children born to parents living in the U.S. illegally or temporarily. The plaintiffs, represented by the American Civil Liberties Union, argue that the order poses numerous harms to tens of thousands of babies and their parents and necessitates an injunction to prevent these harms.

At the heart of the issue lies the interpretation of the 14th Amendment of the Constitution, which grants citizenship to all persons born or naturalized in the United States and subject to its jurisdiction. The Trump administration contends that the phrase “subject to the jurisdiction thereof” allows the U.S. to deny citizenship to babies born to women in the country illegally, a departure from longstanding legal precedent.

According to government lawyers, the previous understanding of the citizenship clause has incentivized illegal immigration, negatively impacting the country’s sovereignty, national security, and economic stability. However, Judge LaPlante found the government’s arguments unpersuasive and firmly believed that depriving individuals of U.S. citizenship constitutes irreparable harm.

While several federal judges had already issued nationwide injunctions against Trump’s order, the U.S. Supreme Court limited the scope of these injunctions and gave lower courts 30 days to act. Accordingly, opponents of the order swiftly returned to court seeking injunctions to block its implementation.

In a separate case in Washington state, the 9th U.S. Circuit Court of Appeals is considering the implications of the Supreme Court’s ruling on nationwide injunctions. Similarly, a plaintiff in Maryland is seeking a nationwide injunction through a class-action lawsuit representing all individuals affected by the order.

The urgency of the situation is highlighted by the stories of the New Hampshire plaintiffs, including a pregnant woman from Honduras who fears for her family’s safety and a man from Brazil seeking citizenship for his newborn child. These individuals, along with many others, are at risk of losing their right to citizenship and facing potential separation from their families if Trump’s executive order is allowed to stand.