Court blocks Donald Trump's birthright citizenship order for illegal migrants

Australia Broadcast Center

10-07-2025

A federal judge has blocked an executive order by US President Donald Trump that would have ended the ability for the children of illegal migrants to claim birthright citizenship.
Mr Trump issued the order upon his return to the White House in January, in effect denying citizenship to those born to parents living in the US illegally or temporarily.
But the order has been appealed on behalf of a pregnant woman, two parents and their infants on the grounds that it may infringe on the US constitution's 14th amendment.
The ruling by Judge Joseph LaPlante in New Hampshire puts the birthright citizenship issue en route to the Supreme Court.
Judge LaPlante issued a preliminary injunction blocking Mr Trump's order and certified a class action lawsuit including all children who will be affected.
"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 order, which followed an hour-long hearing, included a seven-day stay to allow for appeal.
Numerous cases have been launched since Mr Trump's January order denying citizenship to those born to parents living in the US illegally or temporarily.
In the New Hampshire case, the plaintiffs are represented by the American Civil Liberties Union and others.
Lawyers for the US government had been arguing in court that the 14th amendment had been misinterpreted, and that the US could deny citizenship to children of women in the country illegally.
"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.
Judge LaPlante 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 US citizenship clearly amounted to irreparable harm.
"[Citizenship] is the greatest privilege that exists in the world," he said.
Judge LePlante's decision means the birthright citizenship issue is likely to return to the Supreme Court.
The justices could be asked to rule whether the order complies with their decision last month limiting judges' authority to issue nationwide injunctions.
Several federal judges had issued nationwide injunctions stopping Mr Trump's order from taking effect, but the US Supreme Court limited those injunctions in a June 27 ruling that gave lower courts 30 days to act.
With that timeframe in mind, opponents of the change quickly returned to court to try to block it.
AP