The legal battle over President Donald Trump’s executive order aiming to restrict birthright citizenship could soon return to the U.S. Supreme Court after a federal judge blocked the order’s implementation nationwide.
A judge in New Hampshire on Thursday issued a preliminary injunction against President Donald Trump’s executive order that sought to end birthright citizenship for children born in the U.S. to parents without legal status. This decision halts the enforcement of the order across the country.
Judge Joseph LaPlante, appointed by former President George W. Bush, granted a preliminary injunction and certified a class-action lawsuit regarding all children potentially impacted by the order. This ruling arrives shortly after the Supreme Court’s decision in Trump v. CASA, which limited judges’ ability to issue nationwide injunctions but did not resolve the constitutionality of Trump’s order itself.
The concept of birthright citizenship is rooted in the 14th Amendment of the U.S. Constitution, which grants American citizenship to anyone born on U.S. soil, including children born to undocumented immigrants.
In his order, Judge LaPlante expressed little hesitation in determining that an injunction was necessary. “Respondents’ arguments about irreparable harm remain unconvincing to the court,” LaPlante wrote, highlighting the constitutional concerns surrounding the rapid implementation of such a policy. He stated that acting without legislation and national debate could cause irreparable harm to thousands who would otherwise be entitled to citizenship.
Renowned immigration law expert Stephen Yale-Loehr told Newsweek that while the injunction is a critical step, it is a preliminary finding that allows the case to proceed as a class action. He noted that it does not resolve the essential questions concerning the executive order itself, emphasizing that a final decision might not reach the Supreme Court until next year.
In a statement made on the Bloomberg Law podcast, Jonathan Adler, a constitutional law professor at William & Mary Law School, speculated that the Trump administration will likely challenge the class certification of the case. He suggested that the matter may end up before the Supreme Court, anticipating that five justices might be ready to rule on the order’s merits.
Cody Wofsy, the deputy director of the ACLU’s Immigrant’s Rights Project, described the ruling as a significant victory, asserting that it upholds the intended constitutional protection of citizenship for all children born in the U.S. He underscored the importance of preserving these citizenship rights against presidential overreach.
Conversely, White House spokesman Harrison Fields affirmed that the Trump administration plans to actively contest what he called the obstructive actions of district court judges undermining policy objectives set by President Trump.
Judge LaPlante’s decision includes a seven-day stay, allowing the government time to appeal the ruling. Meanwhile, the Supreme Court concluded its opinions for the 2024-25 term in late June, and the upcoming term will commence in October, with emergency order applications being considered at any point.
According to Newsweek, the legal trajectory related to this executive order remains unsettled as the battle over birthright citizenship persists.