Judge Defies Supreme Court Ruling By Blocking President Trump’s Executive Order to Remove Birthright Citizenship

By The Blog Source

A federal judge in New Hampshire has overturned President Trump's executive order that terminates birthright citizenship for children born to illegal immigrants. The decision temporarily stops the enforcement of the order for so-called anchor babies by issuing a class-wide injunction.

George W. Bush-appointed Judge Joseph LaPlante granted a preliminary injunction against the Trump administration, siding with petitioners supported by the Open Society Foundations. A recent Supreme Court decision restricting nationwide injunctions to certified class actions allowed the court to issue a class-wide injunction. A class of people born after February 20, 2025, whose parents are temporary residents or illegal immigrants are covered by the order, which is temporarily halted for seven days while an appeal is pending.

A federal judge in New Hampshire has certified the case as a class action, preventing President Donald Trump's executive order terminating birthright citizenship for children of illegal immigrants, despite a recent Supreme Court ruling that restricts lower courts from issuing broad countrywide injunctions.

The decree, titled "Protecting the Meaning and Value of American Citizenship," was put on hold Thursday when George W. Bush appointee Judge Joseph LaPlante issued a classwide preliminary injunction. On behalf of undocumented immigrants, the Open Society Foundations of George and Alex Soros brought the action.

Last month, the Supreme Court decided that unless plaintiffs get class certification and demonstrate similar injuries, lower courts cannot enforce their decisions across the country. This is exactly what the plaintiffs in this case did, which led LaPlante to provisionally certify a class of present and future individuals born after February 20, 2025, whose parents are either temporarily or illegally present in this country.

According to LaPlante, the petitioners showed "a likelihood of success on the merits," and it would be "irreparable harm" to refuse the injunction. He directed the Centers for Medicare and Medicaid Services, the State Department, the Department of Agriculture, and the Department of Homeland Security to not enforce the directive. The decision is postponed for seven days to allow for an appeal and only pertains to the certified class.

Trump's executive order, which he issued soon after assuming office, declared that children born to illegal immigrants in the United States would no longer be automatically granted citizenship, challenging the long-standing interpretation of the 14th Amendment. Although several Democrats, notably the late Senator Harry Reid, had previously favored abolishing birthright citizenship, this action drew considerable opposition from the party.

Reports indicate that each year, approximately 250,000 children born to illegal immigrants in the United States stay with their parents. The 14th Amendment is invoked by proponents of birthright citizenship, but Trump and many legal experts contend that the clause was never meant to extend to children of illegal immigrants.

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