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Judge Blocks Trump’s Birthright Citizenship Order, Approves Nationwide Class

The ruling halts enforcement for seven days to allow an appeal pending review of the policy’s constitutionality under the 14th Amendment.

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The Warren B. Rudman United States Courthouse, in Concord, N.H., on July 2, 2020.
FILE - President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025. (AP Photo/Evan Vucci, File)

Overview

  • Laplante certified a nationwide class of all U.S.-born children whose citizenship would be denied under the executive order, enabling collective relief in a single lawsuit.
  • He issued a preliminary injunction blocking enforcement of President Trump’s Jan. 20 directive, staying the order for seven days to give the Justice Department time to appeal.
  • The judge determined that the executive order conflicts with the 14th Amendment’s birthright guarantee and the 1898 Wong Kim Ark precedent, finding loss of citizenship to be irreparable harm.
  • Advocates invoked the Supreme Court’s June 27 decision that limited universal injunctions but preserved class-action remedies to secure broad protection in New Hampshire.
  • Unless a higher court overturns the block, the policy remains on track to take effect July 27, a change that could strip citizenship from more than 150,000 U.S.-born children annually.