A federal judge has issued a preliminary injunction prohibiting President Donald Trump’s executive order on birthright citizenship from being enforced anywhere in the United States.
According to The Associated Press, the ruling was issued early on Thursday by U.S. District Judge Joseph LaPlante. The New Hampshire-based judge’s order was issued after an hour-long hearing, with a seven-day stay allowing time for appealing.
“This ruling is a huge victory for and will help protect the citizenship of all children born in the United States, as the Constitution intended,” said Cody Wofsy, an American Civil Liberties Union attorney representing the plaintiffs. “We are fighting to ensure President Trump doesn’t trample on the citizenship rights of one single child.”
“This is going to protect every single child around the country from this lawless, unconstitutional, and cruel executive order,” Wofsy added.
Unlike previous challenges to many of the Trump administration’s sweeping dictates, the birthright citizenship claim was filed and certified as a class action, with the class to consist of all persons whose citizenship could be affected by the executive order.
The lawsuit centers on a recently-issued executive order stating that President Donald Trump has the executive authority to deny citizenship to children born to women who are in the United States without legal status. This is despite the 14th Amendment to the U.S. Constitution clearly indicating that anyone—no matter their parents’ immigration status—is entitled to citizenship so long as they are born on American soil.
The relevant section of the 14th Amendment specifically states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.”
In court filings, the Trump administration has repeatedly tried to argue that the phase “subject to the jurisdiction thereof” does not include undocumented immigrants.
“Prior misrepresentations of the citizenship clause have created a perverse incentive for illegal immigration that has negatively impacted this country’s sovereignty, national security, and economic stability,” Justice Department attorneys wrote.
The Associated Press notes that the lead plaintiffs in the lawsuit include a pregnant woman, two parents, and their infant children. Collectively, they argue that an order restricting who is entitled to birthright citizenship could pose an imminent threat to their children’s legal status in the United States.
In his Thursday decision, LaPlante seemed more than receptive to the class’s arguments, saying that his decision to issue a sweeping injunction was “not a close call,” with the potential deprivation of citizenship meeting every criterion for irreparable harm.
“That’s irreparable harm, citizenship alone,” LaPlante said. “It is the greatest privilege that exists in the world.”
LaPlante’s decision will most likely return the matter of birthright citizenship to the Supreme Court, which has taken a firm stance against nationwide injunctions but has yet to rule on the legality of the executive order itself.
Sources
Judge Blocks Trump’s Birthright Citizenship Order in Class-Action Challenge
New Hampshire judge pauses Trump’s birthright citizenship order nationwide via class action lawsuit
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