By Gloria Nosa
U.S. District Judge Joseph Laplante of New Hampshire issued a nationwide preliminary injunction blocking President Trump’s executive order—Executive Order 14160—aimed at revoking birthright citizenship for many children born in the U.S.
Major Legal Milestone
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The judge certified a class-action lawsuit representing all U.S.-born children after February 20, 2025 who would be affected by the policy, emphasizing potential “irreparable harm” from losing citizenship
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A 7-day stay was granted to allow the Justice Department to appeal the decision
Executive Order 14160 Explained
Issued on January 20, 2025, the order sought to strip citizenship from children born to:
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Mothers unlawfully present in the U.S. and fathers who aren’t citizens or permanent residents; and
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Mothers here legally on a temporary visa with fathers similarly ineligible
Judicial Reasoning
Judge Laplante ruled that the executive order violated the longstanding legal interpretation of the 14th Amendment, which confers citizenship to anyone born on U.S. soil regardless of parental status . He declared this was a “not a close call,” with deprivation of citizenship constituting immediate and unrecoverable harm
Legal Context: Supreme Court’s Influence
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In June 2025, the Supreme Court restricted lower courts from issuing broad nationwide injunctions, but preserved the tool for class-action lawsuits
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Judge Laplante’s ruling is the first major test of that path, certifying a nationwide class—even as other similar actions proceed in Washington, Maryland, and elsewhere
What Happens Next?
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The Trump administration has seven days to appeal to the U.S. Court of Appeals.
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If upheld, the injunction remains until the Supreme Court’s next term—likely beginning in October 2025—when it may definitively weigh in on the constitutionality of the order .
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If overturned, the executive order could take effect on July 27, the date the most recent injunction lift would allow
Expert & Advocacy Voices
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ACLU attorney Cody Wofsy praised the decision, highlighting that it “protect[s] every single child around the country from this lawless, unconstitutional and cruel executive order”
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The Trump administration criticized the judge, labeling the class-action maneuver “abusive” and declaring they would fight it vigorously .
Key Takeaways
| Issue | Details |
|---|---|
| Scope of Ruling | Nationwide injunction protecting all affected U.S.-born children |
| Legal Basis | Class-action under the 14th Amendment; irreparable harm recognized |
| Next Steps | 7-day appeal window; potential Supreme Court review in October |
| Broader Significance | Far-reaching implications for executive power, immigration law, and constitutional birthright |
This landmark decision reaffirms that any attempt to alter birthright citizenship must navigate deep constitutional protections, established court precedent, and rigorous judicial scrutiny.
