A federal judge in New Hampshire has granted class-action status to a lawsuit against President Donald Trump’s efforts to end birthright citizenship and also blocked the administration from implementing the plan nationwide.
U.S. District Judge Joseph Laplante issued the order less than two weeks after the U.S. Supreme Court ruled lower court judges may not grant “universal injunctions” in cases challenging Trump’s executive order denying the 14th Amendment guarantee of citizenship to U.S.-born children of noncitizen parents.
However, the ruling left open the possible application of such injunctions in class-action lawsuits representing entire groups of people facing threats to constitutional rights.
Hours after the Supreme Court’s June 27 ruling, the American Civil Liberties Union and several other civil rights organizations introduced Barbara v. Donald J. Trump, a class-action lawsuit representing all the “current and future” children who would be denied citizenship by the administration.
Judges in three separate cases previously issued nationwide injunctions against Trump’s citizenship order instead of limiting the orders to the plaintiffs in each lawsuit — none of which were class-action cases.
“This new case seeks protection for all families in the country, filling the gaps that may be left by the existing litigation,” the ACLU explained.
In granting class-action status to the litigation and issuing an injunction, Laplante said the plaintiffs “have demonstrated likelihood of success on the merits of their claims” and “are likely to suffer irreparable harm if the order is not granted.”
Cody Wofsy,
“This ruling is a huge victory and will help protect the citizenship of all children born in the United States, as the Constitution intended,” said Cody Wofsy, deputy director of the ACLU’s Immigrant’s Rights Project. “We are fighting to ensure President Trump doesn’t trample on the citizenship rights of one single child.”
Laplante said he would stay the injunction for one week to give the federal government time to appeal. The administration was expected to begin implementation of Trump’s order in late July, the ACLU said.
If fully enacted, the policy would deny citizenship to infants born to mothers in the country illegally and to fathers who are neither citizens nor permanent residents of the U.S. Also excluded are children born to mothers with temporary legal status but with fathers who are noncitizens or not permanent residents.
“It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by state, local or other governments or authorities purporting to recognize United States citizenship” from people born in those categories, Trump’s order states.
Devon Chaffee
But the newly issued injunction provides crucial time to fight that unconstitutional order, said Devon Chaffee, executive director of the ACLU of New Hampshire.
“Our Constitution ensures no politician can decide who among those born in this country is worthy of citizenship — a principle that continues to be ardently reinforced in courts across the country and here in the Granite State.”
Aarti Kohli
Laplante’s order affirms the principle that constitutional rights should not be subject to “executive decree,” said Aarti Kohli, executive director of Asian Law Caucus.
“Since the Supreme Court’s (June 27) decision, parents have lived in fear and uncertainty, wondering whether they should give birth in a different state, whether their newborns would be subject to deportation, and what kind of future awaits their children,” Kohli said. “This court’s injunction protecting birthright citizenship for all affected children is a major victory for families across this country and for all Americans.”
Other immigrant rights groups hailed the development.
“This ruling is a powerful affirmation that the rights granted under the 14th Amendment are not up for debate or political manipulation,” said Roman Palomares, national president and chairman of the League of United Latin American Citizens. “This is not just a legal battle, it is a moral one. The greatness of America lies in its adherence to the principles of equality and justice. Birthright citizenship is a cornerstone of those values.”
Birthright citizenship is a foundational American right affirmed by Laplante’s order, said Todd Schulte, president of FWD.us, a national immigration advocacy organization. “Any attempt to dismantle it undermines core constitutional protections and will continue to face strong public resistance and fly against clearly established law.”