Legal Challenge Against Birthright Citizenship Order Proceeds as Judge Blocks Trump's Executive Action

Thu Jul 17 2025 13:22:37 GMT+0300 (Eastern European Summer Time)
Legal Challenge Against Birthright Citizenship Order Proceeds as Judge Blocks Trump's Executive Action

A New Hampshire judge halts President Trump's executive order on birthright citizenship, allowing a class action lawsuit by the ACLU to continue.


The decision comes after the Supreme Court sets new limits on federal injunctions, as a legal challenge to Trump's order claims it's unconstitutional under the 14th Amendment.


In a significant ruling, a New Hampshire judge has obstructed President Donald Trump’s attempt to abolish birthright citizenship for certain US residents through an executive order. The legal move was triggered by a class action lawsuit filed by the American Civil Liberties Union (ACLU), representing immigrant parents and their infants, prompting the judge to issue a temporary block on the order while the challenge unfolds.

The ruling occurs in the wake of the Supreme Court imposing new constraints on how federal courts can issue universal injunctions, yet it maintains the possibility for injunctions in select circumstances. The ACLU’s lawsuit emerged after the Supreme Court's latest directives, aligning with the fresh judicial standards. The White House, however, contends that the judge's ruling represents an unlawful attempt to counter the Supreme Court's clear guidelines regarding universal relief.

In a statement, White House spokesman Harrison Fields criticized the decision, labeling it an abuse of class action procedures and asserting that the Trump Administration will challenge the perceived interference by district judges in the policies the president was elected to enact. The ACLU argues that Trump's order contravenes the 14th Amendment, which guarantees citizenship to "all persons born or naturalized in the United States."

Trump's order seeks to strip birthright citizenship from children born to undocumented immigrants and foreign visitors, a move he advocates as part of his broader immigration reform agenda. The judge's ruling allows the lawsuit to proceed on behalf of those infants potentially impacted by the executive order, thereby momentarily halting a key initiative of the Trump administration.

In the interim, the government has been given a seven-day window to appeal the decision. The contentious issue of birthright citizenship, which was one of Trump’s early actions in office, has faced scrutiny and opposition through various court rulings, leading to nationwide injunctions during the legal deliberations. While the Supreme Court has sided with Trump in curtailing judicial authority to block presidential actions, the constitutionality of the birthright citizenship order remains unaddressed.

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