Federal court upholds birthright citizenship, handing Trump a setback

Canada News.Net

2 days ago

CONCORD, New Hampshire: A federal judge in New Hampshire issued a crucial ruling on July 10 against President Donald Trump's executive order aimed at terminating birthright citizenship in the United States.
Judge Joseph LaPlante granted a preliminary injunction that prevents the order from going into effect nationwide, thereby protecting the rights of many children. This injunction was part of a class action lawsuit that includes all children who would be affected by the executive order, which has sparked significant legal debate since its announcement.
The ruling followed an hour-long court hearing and includes a temporary seven-day stay to facilitate an appeal process. The implications of this decision could lead the birthright citizenship matter back to the Supreme Court, where the justices may need to consider whether the executive order aligns with their recent ruling that limited judges' authority to issue nationwide injunctions.
While the Supreme Court clarified that district judges generally could not issue universal injunctions, it did leave open the possibility for similar results through a class action.
The class action certified in New Hampshire is somewhat narrower than the plaintiffs had hoped for, as they sought to include parents in the legal challenge. However, attorneys involved in the case noted that this distinction would not materially impact the case's overall intent.
Cody Wofsy, one of the attorneys representing the plaintiffs, emphasized the ruling's broader implications, asserting it will safeguard all affected children across the nation from what he termed an unconstitutional executive order.
A coalition including the American Civil Liberties Union and additional legal partners filed this lawsuit. It represents various plaintiffs, including a pregnant woman and parents with infants.
The focus of the legal challenge revolves around the 14th Amendment of the Constitution, which states that all individuals born or naturalized in the U.S. and subject to its jurisdiction are citizens.
In its defense, the Trump administration interprets the phrase "subject to the jurisdiction thereof" as permitting the denial of citizenship to children of unauthorized immigrants.
While Judge LaPlante noted that he found the government's arguments to be serious, he ultimately deemed them unconvincing. He stated that the threat of losing citizenship constitutes irreparable harm, emphasizing the significant value of citizenship itself.
In contrast, a White House spokesman criticized LaPlante's ruling, suggesting it was an abuse of judicial process and pledging that the Trump administration would staunchly defend its immigration policies.
Meanwhile, similar legal challenges are underway in various states from Washington to Maryland. Among the plaintiffs is a woman from Honduras, due to give birth soon, who fears for her family's safety due to potential immigration enforcement.
Another plaintiff, a Brazilian man, and his wife are navigating their own immigration status as they prepare for their first child.
"My baby has the right to citizenship and a future in the United States," he wrote.