Federal Judge Places New Block on Trump’s Ban on Birthright Citizenship

David Nakamura / Washington Post
Federal Judge Places New Block on Trump’s Ban on Birthright Citizenship The Warren B. Rudman federal courthouse in Concord, New Hampshire. (photo: Nate Raymond/Reuters)

Judge Joseph Laplante said he would issue the temporary injunction after agreeing to certify a class-action lawsuit against the administration on behalf of U.S.-born children or future children.

A federal judge in New Hampshire on Thursday placed a new nationwide block on President Donald Trump’s efforts to end birthright citizenship, a decision that came two weeks after the U.S. Supreme Court opened a path for the administration to begin enforcing the order.

During a court hearing, U.S. District Judge Joseph Laplante said he would issue the temporary injunction after agreeing to a request from civil rights groups to certify a class-action lawsuit against the administration on behalf of U.S.-born children or future children whose automatic citizenship could be jeopardized by the president’s executive order, lawyers for the plaintiffs said.

Laplante, who told attorneys he would issue a written order after the hearing, indicated he would stay his decision for seven days, said Cody Wofsy, an attorney for the American Civil Liberties Union, which sought the class-action certification. That could allow the Trump administration time to pursue an appeal.

The ACLU filed the suit June 27 after the Supreme Court backed Trump’s request to scale back nationwide injunctions from lower courts. For months, such orders had blocked the administration’s ban on automatic citizenship for children born in the United States to undocumented immigrants and foreign visitors.

The high court, in a 6-3 decision, did not rule on whether Trump’s birthright order is constitutionally valid. The justices kept Trump’s ban on hold for at least 30 days and sent a set of cases back to the lower courts to determine the practical implications of their ruling.

They left open a path for challengers to try to continue to block the president’s policy nationwide through class-action lawsuits but also raised the possibility that birthright citizenship could be cut off in the 28 states that have not joined lawsuits against it.

“This is a major win for immigrant communities and these babies across the country,” Wofsy said in a phone interview. “The Supreme Court left a potential gap in protection, and this decision slams that gap shut and makes clear this order [from Trump] cannot be applied to anyone nationwide.”

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