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New Hampshire Judge Bars Nationwide Enforcement of President Trump’s Birthright Citizenship Order

The preliminary injunction from New Hampshire’s federal court halts President Trump’s birthright citizenship order nationwide pending appeal, setting up a staggered rollout after the Supreme Court’s July 27 injunction expires.

Justice Amy Coney Barrett
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JERSEY CITY - NJ - June 30,  2021 - The Statue of Liberty is seen Wednesday afternoon. (Luiz C. Ribeiro for New York Daily News)
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Overview

  • On July 10, U.S. District Judge Joseph Laplante certified a nationwide class action and issued a preliminary injunction blocking enforcement of President Trump’s executive order for all U.S.-born infants pending appeal.
  • The Supreme Court’s June 26 decision curtailed universal injunctions, allowing the administration to enforce the citizenship order in states without active court blocks beginning July 27.
  • The Justice Department has drafted guidance requiring verification of parents’ immigration status before issuing federal citizenship documents, raising the prospect of uneven state-by-state implementation.
  • The administration has appealed Laplante’s injunction to the 1st Circuit and is poised to seek further Supreme Court review on both procedural limits and the order’s constitutionality.
  • Experts warn that a piecemeal rollout could create administrative chaos and render some U.S.-born infants stateless, intensifying the conflict between executive authority and the 14th Amendment.