Credited from: SCMP
A federal judge in New Hampshire, Judge Joseph Laplante, has temporarily blocked President Donald Trump’s executive order that sought to limit birthright citizenship for children born to non-U.S. citizens. This preliminary injunction allows a class action lawsuit supported by the American Civil Liberties Union (ACLU) to proceed, aimed at protecting the citizenship rights of thousands of children who would be affected by the implementation of Trump's order. LaPlante stated that denying citizenship would cause "irreparable harm," emphasizing that "citizenship alone" is a significant privilege; consequently, he will allow a seven-day stay for the Trump administration to appeal the ruling, according to Reuters, HuffPost, and South China Morning Post.
The class action lawsuit filed by the ACLU, representing a pregnant immigrant and other parents, is among several challenges to Trump’s order which denies citizenship to newborns if their parents lack legal immigration status. Trump's executive order had been positioned as part of his hardline immigration policy, representing a significant shift in the interpretation of the 14th Amendment of the U.S. Constitution, which traditionally guarantees citizenship to anyone born in the U.S., as recounted in CBS News, and Los Angeles Times.
The judge's decision comes following a Supreme Court ruling that curtailed the power of lower courts to issue nationwide injunctions. Judge Laplante ruled that while the government's arguments against the class action are not frivolous, they are ultimately unconvincing. He emphasized the severity of denying citizenship to potentially tens of thousands of children, resulting in "clear and irreparable harm." The Trump administration has expressed its intent to appeal, asserting that the decision undermines lawful executive authority, as noted by ABC News and Dawn.
As the legal battle unfolds, the ACLU has remained optimistic, indicating that this ruling reinforces the constitutional guarantee of citizenship for all born in the U.S. and stands against what they characterize as a "lawless" executive order. The implications of this order affect not just the families involved, but also set a precedent for future legal interpretations surrounding citizenship, as discussed in Al Jazeera and Newsweek.