US judge blocks Trump's birthright citizenship order after SC ruling

A federal judge on Thursday once again blocked the implementation of President Donald Trump’s executive order aimed at restricting automatic birthright citizenship for some children born in the United States.

The ruling relied on a legal exception to counter a recent US Supreme Court decision that limited the use of nationwide injunctions by lower courts.

US District Judge Joseph Laplante issued the ruling during a hearing in Concord, New Hampshire, following a request from immigrant rights advocates to grant class action status to a lawsuit challenging Trump’s order.

The plaintiffs are seeking to represent children whose citizenship could be jeopardized under the new policy.

The executive order, signed by Trump on his first day back in office in January, is at the center of ongoing legal challenges. Although Judge Laplante’s ruling temporarily halts the order, he stayed its enforcement for seven days to allow the administration time to appeal, an action the Justice Department indicated it intends to pursue.

Appointed by former President George W. Bush, Judge Laplante allowed the plaintiffs to move forward on a provisional class basis, which enabled him to issue a renewed nationwide injunction. The American Civil Liberties Union (ACLU), which is representing the plaintiffs, had argued that such action was necessary in light of the Supreme Court’s June 27 decision limiting broad injunctions, but preserving the ability to issue relief through certified class actions.

The Supreme Court’s decision raised concerns that children born in certain U.S. jurisdictions to non-citizen or non-resident parents could be denied citizenship, and potentially face deportation. Laplante, who had previously ruled the order unconstitutional in a related case, said issuing an injunction in this instance was clear-cut.

“That’s irreparable harm, citizenship alone,” he said. “It is the greatest privilege that exists in the world.”

ACLU attorney Cody Wofsy welcomed the ruling, stating that the Supreme Court’s decision had caused "concern, confusion, and fear" among immigrant families. “This is going to protect every single child throughout the country from this lawless, unconstitutional, cruel executive order,” he said.

The White House, however, criticized the decision. Spokesperson Harrison Fields called it “an obvious and unlawful attempt to circumvent the Supreme Court’s clear order against universal relief,” adding, “This judge’s decision disregards the rule of law by abusing class action certification procedures. The Trump administration will be fighting vigorously against the attempts of these rogue district court judges to impede the policies President Trump was elected to implement.”