A federal judge in New Hampshire weighs a class action challenge to Trump’s order ending birthright citizenship, following a recent Supreme Court ruling.
Legal Showdown Over Birthright Citizenship Begins in New Hampshire
A federal courtroom in Concord, New Hampshire, will take center stage Thursday as immigration rights advocates challenge former President Donald Trump’s executive order aimed at ending birthright citizenship. The hearing marks the first major legal test of the controversial policy following a recent Supreme Court ruling that reshaped how nationwide injunctions can be issued.
Executive Order Under Scrutiny After Court Shift
Trump signed the executive order on January 20, instructing the federal government not to recognize U.S. citizenship for children born on American soil to undocumented or temporary-status parents. While courts across the country initially blocked its enforcement, the Supreme Court ruled in June that lower courts can no longer impose nationwide injunctions but can consider broader class action protections.
Lawyers Push for Class Action Protection
At the heart of Thursday’s proceedings is a request to certify a class of individuals that includes all children potentially affected by the order—and their parents. Attorneys from the American Civil Liberties Union argue that a class-wide injunction is essential to prevent widespread harm. The case is being heard by U.S. District Judge Joseph Laplante, who previously ruled the policy contradicts the 14th Amendment.
Plaintiffs Include Expecting Parents
Among the proposed class representatives is “Barbara,” a Honduran asylum-seeker in New Hampshire expecting a child in October, and “Mark,” a Brazilian man with a newborn whose wife is undocumented. Their lawyers argue the executive order risks denying U.S.-born children basic rights and protections, potentially leaving them stateless and vulnerable to deportation.
Impacts Could Be Far-Reaching
If implemented, the order could block affected children from voting, receiving federal aid, working in public-sector jobs, and participating in civic life. Critics also warn of long-term legal and social stigma. The federal government is currently barred from enforcing the order until late July, as it develops implementation guidance.
Next Steps in a Nationwide Legal Fight
While the New Hampshire case moves forward, other courts across the U.S. are re-evaluating their rulings in light of the Supreme Court decision. More hearings are expected in the weeks ahead. Legal experts say Thursday’s ruling on class certification could shape how courts nationwide protect children born in the U.S. amid shifting federal immigration policy.
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