A federal judge has temporarily blocked former President Donald Trump’s order aimed at denying automatic US citizenship to children born on American soil to undocumented immigrants or temporary visa holders. The decision comes through a class-action lawsuit, offering a new legal path for opponents after the US Supreme Court recently limited the power of judges to issue nationwide injunctions.
Judge Joseph Laplante of the US District Court in New Hampshire granted class-action status to any child who could be affected by the order. He issued a preliminary injunction against enforcing the policy, pausing its implementation for seven days to allow the Trump administration time to appeal.
The American Civil Liberties Union (ACLU), which is representing the challengers, welcomed the ruling. ACLU attorney Cody Wofsy described the decision as a major win that upholds the constitutional right to citizenship for anyone born in the United States.
Trump’s executive order seeks to reinterpret the 14th Amendment, arguing that it does not apply to children of undocumented immigrants or temporary visitors. This stance contrasts with the long-standing legal consensus and a landmark 1898 Supreme Court ruling that affirmed birthright citizenship for nearly all born on US soil.
Although the current Supreme Court has a strong conservative majority, it recently avoided ruling on the constitutionality of Trump’s order and focused only on procedural aspects. The justices allowed the policy to proceed but delayed its effect to provide room for further legal challenges. Several lower courts had previously blocked the order, declaring it unconstitutional. Legal proceedings will now continue as the class-action case moves forward.