New Hampshire Judge Pauses Trump's Birthright Citizenship Order Nationwide via Class Action Lawsuit
Judge Joseph LaPlante issued a preliminary injunction blocking Trump's order and certified a class action lawsuit including all children who will be affected. The order, which followed an hour-long hearing, included a seven-day stay to allow for appeal.
The judge's decision puts the birthright citizenship issue on a fast track to return to the Supreme Court. The justices could be asked to rule whether the order complies with their decision last month that limited judges' authority to issue nationwide injunctions. The Supreme Court said district judges generally can't issue nationwide, or universal, injunctions. But it didn't rule out whether judges could accomplish much the same thing by a different legal means, a class action.
The class approved in New Hampshire is slightly narrower than that sought by the plaintiffs, who wanted to include parents, but attorneys said that wouldn't make a material difference.
'This is going to protect every single child around the country from this lawless, unconstitutional and cruel executive order,' said Cody Wofsy, an attorney for the plaintiffs.
The lawsuit was filed on behalf of a pregnant woman, two parents and their infants. It's among numerous cases challenging Trump's January order denying citizenship to those born to parents living in the U.S. illegally or temporarily. The plaintiffs are represented by the American Civil Liberties Union and others.
At issue is the Constitution's 14th Amendment, which states: 'All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.' The Trump administration says the phrase 'subject to the jurisdiction thereof' means the U.S. can deny citizenship to babies born to women in the country illegally, ending what has been seen as an intrinsic part of U.S. law for more than a century.
'Prior misimpressions 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,' government lawyers wrote in the New Hampshire case.
LaPlante, who had issued a narrow injunction in a similar case, said while he didn't consider the government's arguments frivolous, he found them unpersuasive. He said his decision to issue an injunction was 'not a close call' and that deprivation of U.S. citizenship clearly amounted to irreparable harm.
'That's irreparable harm, citizenship alone,' said LaPlante. 'It is the greatest privilege that exists in the world.'
White House spokesman Harrison Fields accused LaPlante, who was appointed by Republican President George W. Bush, of 'abusing class action procedures.'
'The Trump Administration will be fighting vigorously against the attempts of these rogue district court judges to impede the policies President Trump was elected to implement,' he said in a statement.
During Thursday's hearing, Deputy Assistant Attorney General Eric Hamilton argued that both approving a class action and issuing an injunction would be premature, given that no one other than Trump has taken action. He said doing so would mean a single court could become the 'end-all-and-be-all' in reversing new federal policies and said if anything, the injunction should be limited to New Hampshire.
Similar cases are pending from Washington to Maryland. It's not time to panic, said Ama Frimpong, legal director at nonprofit immigrant rights organization CASA, which is also seeking a nationwide injunction.
'No one has to move states right this instant,' she said. 'There's different avenues through which we are all fighting, again, to make sure that this executive order never actually sees the light of day.'
The New Hampshire plaintiffs, referred to only by pseudonyms, include a woman from Honduras who has a pending asylum application and is due to give birth to her fourth child in October. She told the court the family came to the U.S. after being targeted by gangs.
'I do not want my child to live in fear and hiding. I do not want my child to be a target for immigration enforcement,' she wrote. 'I fear our family could be at risk of separation.'
Another plaintiff, a man from Brazil, has lived with his wife in Florida for five years. Their first child was born in March, and they are in the process of applying for lawful permanent status based on family ties — his wife's father is a U.S. citizen.
'My baby has the right to citizenship and a future in the United States,' he wrote.
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