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| Judge LaPlante Blocks Citizenship Order in Courtroom |
Fourteenth Amendment grants citizenship rather freely to anyone born on U.S. soil subject jurisdiction thereof essentially overturning Dred Scott decision. It aimed squarely at protecting former slaves and their numerous descendants nationwide very effectively afterwards.
President Trump signed Executive Order 14160 on January 20, 2025, seeking to redefine “subject to the jurisdiction thereof.” It targeted children of unauthorized immigrants and temporary‐visa holders born after February 19, 2025.
On June 27, 2025, the Supreme Court in Trump v. CASA limited judges’ power to issue universal injunctions. It said nationwide relief must come through class actions where plaintiffs seek “complete relief” for their class.
That ruling left open class actions as a path for nationwide relief. Lawyers moved quickly to file such suits against the citizenship order.
Judge LaPlante in New Hampshire certified a nationwide class of affected children. He found the plaintiffs showed they would suffer “irreparable harm” without citizenship rights.
He noted the Supreme Court’s own suggestion that class actions could provide broad relief. He then issued a preliminary injunction blocking the order for seven days, pending appeal.
The ACLU leads the case, joined by 22 Democratic-led states. They estimate up to 150,000 children born in the U.S. each year would lose citizenship rights without this order.
Affected families include asylum-seekers and visa holders. They fear denial of health, education, and legal rights for their U.S.-born children.
The White House called the ruling “judicial overreach.” It said Trump must have authority to safeguard “the meaning and value of American citizenship”.
Officials vow to appeal swiftly to the First Circuit Court, and then likely the Supreme Court. They argue the executive branch can interpret constitutional terms in emergencies.
Constitutional scholars say the order faces steep odds. They note no court has upheld a move to strip birthright citizenship by executive order.
They add that the 14th Amendment’s framers intended citizenship by birth. Changing that now needs a constitutional amendment, not an order.
Democrats cheered the injunction as a win for the rule of law and immigrant families. Republican critics warn Trump’s base may feel betrayed by judges.
Some GOP lawmakers argue birthright citizenship fuels “chain migration,” but most concede only Congress can amend the Constitution.
Within seven days, the administration must move for stay or appeal. If the First Circuit lifts the block, weddings of challenges could race back to the Supreme Court.
The high court may need to clarify how far executive power extends over constitutional text. Its decision will shape U.S. citizenship law for generations.