Federal Judges Block Trump's Birthright Citizenship Order Amid Legal Challenges
Federal judges have ruled against Trump's executive order on birthright citizenship, siding with a class-action lawsuit that argues it violates constitutional rights.
Judge blocks Trump's birthright citizenship order in class action case
Washington Examiner
New Hampshire judge to pause Trump’s birthright citizenship order
Chicago Sun-Times
Overview
- A New Hampshire federal judge has blocked President Trump's executive order on birthright citizenship, siding with a class-action lawsuit led by the ACLU.
- The ruling estimates that over 150,000 babies could lose citizenship annually if the order is enforced, prompting significant legal concerns.
- The court found a likelihood of success on the merits of the class petitioners' claims, emphasizing the constitutional implications of the order.
- The judge's decision circumvents a previous Supreme Court ruling, highlighting ongoing judicial challenges to the executive order.
- The Justice Department maintains the order's constitutionality, despite the growing number of legal obstacles and judicial interventions.
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Analysis
Center-leaning sources frame the judge's ruling as a significant legal pushback against the Trump administration's immigration policies, emphasizing the role of immigrant rights advocates. The tone reflects a critical stance towards the executive order, highlighting the implications for affected families while maintaining a focus on judicial authority and legal processes.
The lawsuit was filed on behalf of a pregnant immigrant woman, two immigrant parents, and their infants.
The US Supreme Court has restricted judges' ability to issue nationwide injunctions, except in cases involving challenges to the president's policies through class action lawsuits.
Laplante's order includes a seven-day stay for the Trump administration to appeal.
The plaintiffs are represented by the American Civil Liberties Union and additional parties.
The Trump administration argues that babies born to women in the country illegally can be denied citizenship in the U.S.
Multiple federal judges have issued nationwide injunctions preventing Trump's order from being implemented.
Articles (21)
Center (6)
"…The judge presiding over the case said the risk of children losing their US citizenship if Trumpâs order took effect constituted âirreparable harmâ and described citizenship as âthe greatest privilege that exists in the world."
Semafor·1d·"…This ruling is a huge victory and will help protect the citizenship of all children born in the United States, as the Constitution intended."
ABC News·2d·"…Judge LaPlante, who had issued a narrow injunction in a similar case, said while he didn't consider the government's arguments frivolous, he found them unpersuasive."
CBS News·2d·"…LaPlante, who had issued a narrow injunction in a similar case, said while he didn’t consider the government’s arguments frivolous, he found them unpersuasive."
Chicago Sun-Times·2d·"…The judge also ordered a preliminary injunction temporarily blocking President Donald Trump’s order from going into effect, but stayed his order for seven days, allowing the government time to appeal."
NBC News·2d·"…The judge said he would stay his ruling for a few days to allow the Trump administration to appeal and would issue a written decision by the end of the day."
USA TODAY·2d·FAQ
The judge blocked the executive order based on constitutional grounds, finding a likelihood of success on the merits of the class petitioners' claims that the order violates the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all persons born or naturalized in the United States and subject to its jurisdiction.
The order applies to children born in the U.S. to mothers who are unlawfully present and fathers who are neither U.S. citizens nor green card holders, potentially denying citizenship to those children born after February 19, 2025.
It is estimated that over 150,000 babies could lose U.S. citizenship each year if the executive order is enforced.
The Trump administration interprets the phrase 'subject to the jurisdiction thereof' to mean that children born to parents living in the U.S. illegally or temporarily are not automatically citizens, thereby justifying the denial of birthright citizenship in such cases.
The Justice Department maintains that the executive order limiting birthright citizenship is constitutional despite the judicial interventions and legal challenges it has faced.
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