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Federal judge blocks Trump’s birthright citizenship order in class action ruling

A federal judge in New Hampshire said Thursday he’ll certify a class action lawsuit that includes all children who’ll be affected by President Trump’s executive order ending birthright citizenship and issue a preliminary injunction blocking it from taking effect. Here’s what you need to know about the birthright citizenship court ruling:

The federal court ruling

Bush-appointed judge blocks Trump order:

  • U.S. District Court Judge Joseph N. Laplante made ruling from bench Thursday
  • George W. Bush appointee will certify class action lawsuit
  • Includes all children affected by Trump’s executive order ending birthright citizenship
  • Judge will issue preliminary injunction blocking order from taking effect

The legal standard

Court finds likelihood of success for challengers:

  • “Class Petitioners have demonstrated likelihood of success on the merits of their claims”
  • “Class Petitioners are likely to suffer irreparable harm if the order is not granted”
  • “Potential harm to the class petitioners…outweighs the potential harm to Respondents”
  • “Issuance of this order is in the public interest”

The appeals timeline

Government given window to challenge decision:

  • Judge giving government seven-day delay to appeal
  • Appeal would go to 1st U.S. Circuit Court of Appeals
  • Injunction will block order while litigation continues
  • Constitutional challenge to birthright citizenship order proceeds

The ACLU victory

Civil liberties group celebrates ruling:

  • “This ruling is a huge victory and will help protect the citizenship of all children born in the United States”
  • Cody Wofsy, deputy director of ACLU’s Immigrants’ Rights Project, argued case
  • “We are fighting to ensure President Trump doesn’t trample on the citizenship rights of one single child”
  • ACLU emphasized Constitution’s intent to protect birthright citizenship

The Supreme Court context

High court ruling influenced class action strategy:

  • Final day of Supreme Court’s 2024-25 term saw 6-3 ruling
  • Justices said lower court judges issuing nationwide injunctions likely violate Judiciary Act of 1789
  • Case at issue was over Trump’s move to end birthright citizenship
  • Question focused on district court judges’ authority to block nationwide policies

Justice Barrett’s guidance

Trump appointee provides legal pathway:

  • Justice Amy Coney Barrett wrote majority opinion
  • Said challengers could file class actions to contest executive policies
  • Class actions allow challengers to receive universal relief
  • Barrett is Trump appointee who provided legal framework

The ACLU legal strategy

Civil liberties group files suit hours after Supreme Court decision:

  • ACLU filed class action suit hours after high court’s decision
  • Representing pregnant woman and other families
  • Families had children born since president signed birthright citizenship order
  • Strategic filing designed to work within Supreme Court’s guidance

The constitutional challenge

Lawsuit targets order’s legality:

  • Challengers argue order is unconstitutional
  • Case name is Barbara v. Donald J. Trump
  • Injunction blocks order from taking effect during litigation
  • Focus on constitutionality of birthright citizenship order

Read more:

Judge blocks Trump’s birthright citizenship order, certifies class action


This article is written with the assistance of generative artificial intelligence based solely on Washington Times original reporting and wire services. For more information, please read our AI policy or contact Ann Wog, Managing Editor for Digital, at awog@washingtontimes.com


The Washington Times AI Ethics Newsroom Committee can be reached at aispotlight@washingtontimes.com.

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