A federal judge in New Hampshire delivered a major blow to former President Donald Trump’s latest immigration crackdown by temporarily blocking his executive order that would have denied birthright citizenship to children of undocumented immigrants.
The lawsuit, brought by the American Civil Liberties Union on behalf of immigrant parents and their infants, aimed to stop what they described as a “cruel and unconstitutional” attack on the 14th Amendment. The court granted class-action status—but only for the babies at risk, not the parents.
U.S. District Judge Joseph Laplante called the proposed restriction “irreparable harm” and ruled that the birthright citizenship guaranteed by the Constitution is “the greatest privilege that exists in the world.”
Laplante’s preliminary injunction stops the order from going into effect nationwide, at least for now. However, he paused the ruling for seven days, giving the federal government time to file an appeal.
Lead attorney Cody Wofsy of the ACLU called the ruling a major win. “This is going to protect every single child around the country from this lawless, unconstitutional and cruel executive order,” he said after the hearing.
The Department of Justice argued against the class-action certification and said the request was too broad and premature. Meanwhile, the White House—already under fire for other aggressive immigration actions—has yet to issue a formal response to the ruling.
Earlier, a White House spokesperson claimed the executive order was about restoring the original intent of the 14th Amendment. But Judge Laplante made it clear in court: stripping citizenship from newborns isn’t just controversial, it’s a fundamental violation of rights.
As legal battles over immigration continue, this ruling puts a national spotlight back on birthright citizenship and the role courts play in protecting constitutional rights—even for the youngest Americans.
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