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A federal judge in New Hampshire on Thursday granted class-action status to a lawsuit challenging President Donald Trump’s executive order limiting birthright citizenship, while temporarily blocking the controversial policy from going into effect nationwide.
U.S. District Judge Joseph Laplante ruled in favor of the ACLU, which brought the case on behalf of a pregnant immigrant, several immigrant parents, and their children. While the judge declined to grant class status to the parents, he certified a nationwide class for all current and future babies impacted by the policy.
He also issued a preliminary injunction halting implementation of the order, though he stayed the ruling for seven days to give the federal government time to appeal.
“This is going to protect every single child around the country from this lawless, unconstitutional and cruel executive order,” said Cody Wofsy, lead ACLU attorney, after the hearing.
Judge Finds ‘Irreparable Harm’ in Denial of Citizenship
In his remarks from the bench, Laplante emphasized the constitutional significance of birthright citizenship, calling it “the greatest privilege that exists in the world.” He added that denying this right constituted “irreparable harm.”
The lawsuit targets Trump’s order titled “Protecting the Meaning and Value of American Citizenship,” issued shortly after he returned to office in January. The policy seeks to limit automatic citizenship to only those born in the U.S. with at least one parent who is a U.S. citizen or lawful permanent resident.
The ACLU and immigration advocates argue that the order violates the 14th Amendment, which guarantees citizenship to all people born on U.S. soil, with limited exceptions.
“Every court to have looked at this cruel order agrees that it is unconstitutional,” said Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project.
Class Definition and Broader Implications
In his written decision, Laplante defined the class as:
“All current and future persons who are born on or after February 20, 2025, where (1) that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”
This nationwide class-action status circumvents recent Supreme Court limitations on nationwide injunctions by enabling broad relief through class certification.
“This executive order directly opposes our Constitution, values, and history,” said Devon Chaffee, executive director of the ACLU of New Hampshire. “No politician can ever decide who among those born in our country is worthy of citizenship.”
DOJ Pushback and Path Forward
Attorneys for the Department of Justice had opposed both the class certification and injunction, calling the relief too broad and premature. The DOJ has not yet commented on the ruling but previously suggested it would appeal.
Attorney General Pam Bondi recently slammed federal judges for issuing injunctions against Trump’s immigration policies, calling one in a separate asylum case a move by a “rogue district court judge.”
While the White House did not immediately respond, a spokesperson previously defended the order as a measure to “restore the Fourteenth Amendment to its original intent.”
Legal analysts say the case could ultimately return to the Supreme Court, which has not ruled on the merits of Trump’s birthright citizenship order. However, Thursday’s ruling places a significant legal roadblock in front of the administration’s plans.
What’s Next:
With multiple lawsuits now pending, and this ruling blocking implementation, the battle over birthright citizenship is far from over — but for now, babies born on U.S. soil remain protected under the Constitution.
