Federal Judge Blocks Trump's Birthright Citizenship Order in Nationwide Class Action Lawsuit

Strategic Insights -

A federal judge in New Hampshire issued a nationwide block on President Donald Trump's executive order aiming to end birthright citizenship. US District Judge Joseph Laplante certified a class of individuals affected by the order, composed of children born in the United States to parents who are in the country unlawfully or are present lawfully but temporarily. The judge granted a preliminary injunction indefinitely blocking Trump's order from being enforced against any baby born after February 20. Laplante's ruling is significant, as the Supreme Court last month curbed the power of lower court judges to issue nationwide injunctions, while keeping intact the ability of plaintiffs to seek a widespread block of the order through class action lawsuits.

Key Takeaways:

  • US District Judge Joseph Laplante certified a nationwide class of individuals affected by Trump's birthright citizenship order, composed of children born in the United States to parents who are in the country unlawfully or are present lawfully but temporarily.
  • Laplante granted a preliminary injunction indefinitely blocking Trump's order from being enforced against any baby born after February 20.
  • The Supreme Court last month curbed the power of lower court judges to issue nationwide injunctions, while keeping intact the ability of plaintiffs to seek a widespread block of the order through class action lawsuits.
  • Trump's executive order, titled "PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP," aims to end birthright citizenship by denying documents recognizing US citizenship to children born on American soil to parents who are in the country unlawfully or are present lawfully but temporarily.
  • The Supreme Court allowed the administration to begin developing guidance on how the policy will be implemented, but cannot begin enforcing the order for 30 days.
  • Laplante's ruling aligns with the Supreme Court's blockbuster ruling last month, which left class-action litigation on the table as a way to block Trump's birthright citizenship order.
  • The decision is a significant victory for immigration rights attorneys, who argued that Trump's order would cause irreparable harm to the children and their families.
  • The American Civil Liberties Union (ACLU) and other immigration rights groups welcomed the decision, stating that it will help protect the citizenship of all children born in the United States.

Statistics:

  • 30 days: The Supreme Court allowed the administration to begin enforcing Trump's birthright citizenship order after guidance development.
  • 38 pages: Laplante's written order detailing the reasoning behind the preliminary injunction.
  • Numerous obstacles: The ACLU argued that children born to undocumented parents may face, including stigma, potential statelessness, loss of right to vote, and ineligibility for federal programs.
  • Several other judges: Have similarly ruled that Trump's order is unconstitutional, but their injunctions applied nationwide and prompted the administration to mount appeals.
  • 6-7 justices: Seemed open to reviewing exactly the kind of order Laplante issued in an emergency basis.