A federal judge in New Hampshire, Joseph Laplante, is set to determine whether to block the enforcement of former President Donald Trump’s executive order limiting birthright citizenship. The decision comes in the wake of a recent U.S. Supreme Court ruling that restricts judges from issuing nationwide injunctions, a move that could significantly affect the reach of legal challenges to Trump’s immigration directives.
The American Civil Liberties Union (ACLU) is urging the court to grant class action status to a lawsuit filed on behalf of non-U.S. citizens whose babies could be denied citizenship under Trump’s order. The order seeks to deny birthright citizenship to children born in the U.S. unless at least one parent is a U.S. citizen or lawful permanent resident. If enforced nationally, the directive could deny citizenship to over 150,000 newborns annually.
The Supreme Court’s June 27 ruling limited nationwide injunctions but allowed for broad relief in class action lawsuits. The ACLU and immigrant rights advocates are using this provision to argue for a nationwide class that would protect all similarly affected families. Laplante had earlier found Trump’s order likely unconstitutional, referencing the 14th Amendment and the historic Supreme Court case United States v. Wong Kim Ark, which affirmed birthright citizenship.
The Justice Department opposes the class action, arguing the plaintiffs’ immigration situations are too varied for a unified suit. However, the ACLU contends that without broader protection, many families nationwide could be left stateless or undocumented. The outcome of this case may set a significant precedent for how Trump’s immigration policies are challenged going forward.
