Federal Judge Blocks Trump’s Birthright Citizenship Order Amid Ongoing Legal Battle
by Worthy News Washington D.C. Bureau Staff
(Worthy News) – A federal judge in New Hampshire on Thursday issued a preliminary injunction blocking the enforcement of President Donald Trump’s executive order that seeks to end birthright citizenship for children born in the United States to non-citizen parents.
U.S. District Judge Joseph Laplante, a George W. Bush appointee, ruled from the bench after a one-hour hearing, certifying a class action and declaring that the plaintiffs–children born to immigrants in the U.S. since February 20–are likely to succeed in their constitutional challenge. The order is paused for seven days to allow the government to appeal to the First U.S. Circuit Court of Appeals.
“That’s irreparable harm–citizenship alone,” Laplante said in court. “It is the greatest privilege that exists in the world.” A written order will follow, the judge added.
Trump’s controversial executive order, signed on Inauguration Day of his second term, would deny U.S. citizenship to any child born to parents who are not U.S. citizens or legal permanent residents. The administration argues that the 14th Amendment’s citizenship clause was never intended to apply to children of illegal immigrants or temporary visitors.
However, the plaintiffs, represented by the American Civil Liberties Union and other legal advocates, assert that the order violates the Constitution. “The framers of the Fourteenth Amendment specifically enshrined this principle in our Constitution’s text to ensure that no one-not even the President-could deny children born in America their rightful place as citizens,” said Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project.
The lawsuit, Barbara v. Donald J. Trump, was filed on behalf of several immigrant parents and their children. It followed immediately after a recent Supreme Court ruling, Garcia v. United States, which limited the authority of district judges to issue nationwide injunctions. In that 6-3 decision, Justice Amy Coney Barrett wrote that class action lawsuits should be the preferred method for securing universal relief in such disputes.
The Court’s decision did not rule on the constitutionality of Trump’s order but paused its enforcement for 30 days, pushing its effective date into late July. The justices emphasized that while district judges can no longer issue broad injunctions, states and class actions can still seek wider remedies.
Trump, defending the order in public comments, has said that birthright citizenship for children of illegal immigrants creates “a perverse incentive” that undermines national sovereignty. Government attorneys argued that the 14th Amendment was ratified to secure the rights of formerly enslaved African Americans and was never intended to provide a citizenship pathway for those circumventing immigration law.
The landmark 1898 Supreme Court case United States v. Wong Kim Ark remains central to the dispute. In that case, the justices ruled that anyone born on U.S. soil–regardless of parental status–is a citizen under the 14th Amendment.
With litigation ongoing, Thursday’s ruling will prevent the Trump administration from enforcing the executive order for the foreseeable future. As the case proceeds, it may set the stage for a landmark constitutional showdown over the meaning and scope of birthright citizenship in the modern immigration era.
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