NH judge decides to pause Trump’s birthright citizenship order
Published: 07-10-2025 1:11 PM
Modified: 07-10-2025 3:29 PM |
A federal judge in Concord blocked President Donald Trump's executive order that sought to end birthright citizenship across the country.
Judge Joseph LaPlante on Thursday certified a class action lawsuit protecting all American-born children of non-citizen parents but did not include the children’s parents.
The ruling represents a victory for the American Civil Liberties Union, which filed a lawsuit within hours of the Supreme Court's June 27 ruling that cleared a path for the enforcement of Trump’s birthright citizenship executive order.
Deputy Assistant Attorney General Eric Hamilton argued that the president’s signed order conforms the Constitution to its original status, and that U.S. citizenship, “the greatest privilege in the world,” is not determined by birthright. Laplante agreed with Hamilton that American citizenship is the greatest privilege, but expressed concern about the suddenness of the change issued by Trump.
In court, lawyers for the ACLU spoke on behalf of Barbara, a pregnant woman without legal status whose baby is due in October. Barbara has applied for asylum, but her attorney, Cody Wofsy, said she faces a waitlist of between three to six years, leaving her child unprotected in the meantime. Wofsy argued that the case was a matter of urgency given the ramifications for pregnant mothers and their children.
Laplante said he viewed the government's arguments as persuasive, but ultimately decided to issue the preliminary injunction and class protection for the children, because of the potential for irreparable harm.
Wofsy explained that although the children will be the only ones technically with class status, the parents will share some of their legal protection due to the rights of their children.
Reflecting on the win, Wofsy said, the Supreme Court opened the door for this “unconstitutional order” on June 27, but today “this court slammed that door shut” and will protect “every single child,” including those outside of New Hampshire.
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At issue is the Constitution’s 14th Amendment, which states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” The Trump administration says the phrase “subject to the jurisdiction thereof” means the U.S. can deny citizenship to babies born to women in the country illegally.
Similar legal challenges have been filed in other states.
The sweeping effect of LaPlante’s order puts the birthright citizenship issue on a fast track to return to the Supreme Court. The justices could be asked to rule whether the order complies with their decision last month that limited judges’ authority to issue nationwide injunctions.
Jane Miller can be reached at jmiller@cmonitor.com. Material from the Associated Press was used in this report.