Federal judge blocks Trump’s birthright citizenship order while certifying class action

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A federal judge in New Hampshire said he will certify a class action lawsuit over President Donald Trump’s executive order ending birthright citizenship. The judge also announced plans to block the order through a preliminary injunction, citing its potential harm to affected children.

U.S. District Judge Joseph LaPlante made the announcement after a hearing lasting approximately one hour. He stated a written order would follow and include a seven-day stay to allow for an appeal.

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The Context

The executive order seeks to end automatic U.S. citizenship for children born in the United States to non-citizen parents. This marks a major shift from the long-standing interpretation of the 14th Amendment, which has guaranteed birthright citizenship for over 150 years.

The preliminary injunction aims to prevent implementation of the executive order while legal proceedings continue. The judge emphasized the importance of protecting children who could face statelessness if the policy proceeds.

Birthright citizenship has been a cornerstone of U.S. immigration law since the 1868 ratification of the 14th Amendment. Historically, the Supreme Court has upheld its broad application, including to children of undocumented immigrants.

Advocates for immigrant rights argue that rescinding birthright citizenship would upend decades of legal precedent and destabilize immigrant communities. Opponents of birthright citizenship contend it creates incentives for undocumented immigration and should be reconsidered.

Judge LaPlante’s decision to grant class action status means all affected children will be represented in the suit. The class action strengthens the plaintiffs’ legal standing and increases pressure on the government to justify the policy.

Some see the executive order as a broader effort to deter undocumented immigration and reshape U.S. immigration policy. Others warn it could spark legal uncertainty and international human rights concerns over stateless children.