A federal judge in New Hampshire will hold a pivotal hearing today to determine whether to block President Donald Trump’s executive order restricting birthright citizenship, following a Supreme Court ruling that curtailed judges’ ability to issue nationwide injunctions.
The American Civil Liberties Union (ACLU) is urging U.S. District Judge Joseph Laplante to grant class action status to a lawsuit representing U.S.-born babies whose citizenship could be denied under Trump’s order.
The policy, enacted on Trump’s first day back in office, denies citizenship to children born in the U.S. unless at least one parent is a citizen or lawful permanent resident.
If certified, the class could enable Laplante to issue a new order halting the policy nationwide, protecting thousands of families.
The Justice Department argues the plaintiffs’ varied immigration statuses prevent a unified class action.
In February, Laplante, a George W. Bush appointee, ruled that Trump’s order likely violates the 14th Amendment, which grants citizenship to those born on U.S. soil.
He previously blocked the policy for members of certain nonprofit groups, citing risks of statelessness for affected children.
The Supreme Court’s June 27 decision, while limiting nationwide injunctions, allowed class action lawsuits to seek similar relief, prompting the ACLU’s renewed challenge.
Over 150,000 newborns could lose citizenship annually if the order takes effect on July 27, according to immigrant rights advocates.
The hearing will focus on whether to certify a class including all affected children and parents, such as a Honduran asylum-seeker expecting a child and a Brazilian man seeking lawful status.
A ruling in favor could set a precedent for other courts reevaluating similar injunctions.
The administration maintains the order aligns with the Constitution, while critics warn of severe consequences, including loss of voting rights and potential deportation for U.S.-born children.
Further legal battles are expected as courts nationwide address the Supreme Court’s guidance.