Breaking: Federal Judge Blocks Trump Birthright Citizenship EO As to Infants

Gavel in a courtroom. (Credit: Midjourney AI, created by Jeff Charles)

A federal judge in New Hampshire has blocked President Donald Trump's executive order regarding birthright citizenship. On Thursday morning, Judge Joseph Laplante issued an order granting the petitioners' motion for a classwide preliminary injunction. 

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The order comes in a case filed after the Supreme Court ruled on the nationwide injunction issue in the context of birthright citizenship on June 27...but on the same day, so it's clear the petitioners had this one cued up and ready to go as soon as the ruling came down. 


READ MORE: Big: Supreme Court Rules on Nationwide Injunctions in Birthright Citizenship Cases

Trump Won Big on Court Orders Last Friday but Now the Reckoning Awaits


At the moment, we only have Laplante's order, linked above, which provides only minimal explanation for his ruling.

U.S. District Judge Joseph LaPlante said Thursday that he will issue a written ruling by the end of the day further explaining his decision. The injunction also narrows down the scope of the class to infants, removing parents from the case. 

In his order, LaPlante ruled that deprivation of citizenship, as held by the 14th Amendment, and changes in longstanding policy would create "irreparable harm."

In order to thread the Supreme Court needle, the petitioners here sought classwide certification, which Laplante granted in a separate order, defining the class thusly:

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In light of the above, this court grants the petitioners’ motion and provisionally certifies the following class for the purpose of preliminary injunctive relief: 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.

It's fairly safe to assume the administration will appeal Thursday's rulings in swift order.

This is a developing story. RedState will provide further updates as warranted.

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