{"id":156663,"date":"2025-07-12T00:50:08","date_gmt":"2025-07-12T00:50:08","guid":{"rendered":"https:\/\/quixnet.net\/wpinstance\/how-latest-block-of-trumps-birthright-citizenship-order-tests-legal-landscape-after-supreme-court-ruling-on-injunctions-nbc-news\/"},"modified":"2025-07-12T00:50:08","modified_gmt":"2025-07-12T00:50:08","slug":"how-latest-block-of-trumps-birthright-citizenship-order-tests-legal-landscape-after-supreme-court-ruling-on-injunctions-nbc-news","status":"publish","type":"post","link":"https:\/\/quixnet.net\/wpinstance\/how-latest-block-of-trumps-birthright-citizenship-order-tests-legal-landscape-after-supreme-court-ruling-on-injunctions-nbc-news\/","title":{"rendered":"How latest block of Trump's birthright citizenship order tests legal landscape after Supreme Court ruling on injunctions – NBC News"},"content":{"rendered":"

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A federal judge\u2019s decision<\/a> to temporarily prevent the Trump administration from stripping birthright citizenship for some babies born <\/a>in the U.S. is an early test of the legal landscape, after the Supreme Court greatly restricted <\/a>the ability of judges to issue nationwide blocks of presidential policies.
On Thursday morning, in New Hampshire, U.S. District Judge Joseph Laplante granted class action status to a lawsuit that seeks to protect babies who would be denied birthright citizenship, and granted a temporary block of President Donald Trump\u2019s order from going into effect throughout the country.
The decision brought hope to pregnant women and groups who were dealt a blow two weeks ago when the Supreme Court largely restricted the ability of federal judges to use one of the strongest tools at their disposal \u2014 the use of nationwide injunctions to prevent federal policies from going into effect.
The Supreme Court decision would have allowed Trump\u2019s executive order to go into effect on July 27 in parts of the U.S. <\/a>
In the aftermath, immigrants and their attorneys pivoted to seeking class action status for immigrant babies and parents in hopes of finding another way to stop the president.
\u201cIt was clear that the Supreme Court decision had closed one very important door for challenging policies, but it also in the process opened other doors,\u201d Muzaffar Chishti, a senior fellow with the Migration Policy Institute, told NBC News.
The Supreme Court has not yet ruled on whether Trump\u2019s executive order is unconstitutional and multiple lawsuits challenging it remain ongoing.
But its decision on June 27 left open an important avenue for plaintiffs to try to stop federal government policies nationwide through the use of class action lawsuits.
\u201cThis case is an early test for how litigants will adapt to the legal landscape after the Supreme Court\u2019s death blow to national injunctions,\u201d Chishti said. \u201cIt normally takes months, if not years, for an altered landscape to be observed. But since this is such an important constitutional issue, we are getting a chance to revisit the landscape within two weeks.\u201d
Under Trump\u2019s plan, birthright citizenship would be limited to those who have at least one parent who is a U.S. citizen or permanent resident. The order also denies citizenship to children whose mothers are temporarily in the United States, including those visiting under the Visa Waiver Program or as tourists, or who are students and whose fathers are not citizens or lawful permanent residents.
In the written order issued Thursday, Laplante wrote that the court certified class action status to the following group in issuing the nationwide block of Trump\u2019s order: \u201cAll current and future persons who are born on or after February 20, 2025, where (1) that person\u2019s mother was unlawfully present in the United States and the person\u2019s father was not a United States citizen or lawful permanent resident at the time of said person\u2019s birth, or (2) that person\u2019s mother\u2019s presence in the United States was lawful but temporary, and the person\u2019s father was not a United States citizen or lawful permanent resident at the time of said person\u2019s birth.\u201d
Laplante, who was appointed by President George W. Bush, had previously denied issuing a nationwide injunction in a similar case earlier this year. Instead, he had issued a narrower order where he only blocked the policy from being enforced on members of groups that would be affected by Trump\u2019s order.
But his order on Thursday effectively blocked Trump’s executive order from being enforced nationwide, at least temporarily.
\u201cThis was a ruling that certified a preliminary class of folks across the nation from a judge who was skeptical of nationwide injunctions, and so I think it shows that the class action mechanism is a viable one, that courts are willing to entertain,\u201d said Haiyun Damon-Feng, an immigration and constitutional law professor at Cardozo School of Law.
Cody Wofsy, the American Civil Liberties Union\u2019s lead attorney in the case, said after Thursday\u2019s court hearing that Laplante\u2019s order was \u201cgoing to protect every single child around the country from this lawless, unconstitutional and cruel executive order.\u201d
White House spokesperson Harrison Fields said in a statement to NBC News that the decision was \u201can obvious and unlawful attempt to circumvent the Supreme Court\u2019s clear order against universal relief.\u201d
\u201cThis judge\u2019s decision disregards the rule of law by abusing class action certification procedures. The Trump Administration will be fighting vigorously against the attempts of these rogue district court judges to impede the policies President Trump was elected to implement,\u201d Fields said in the statement.
The Trump administration has seven days to appeal Laplante\u2019s temporary block to a higher court, and the issue could find itself back at the Supreme Court to determine if the judge\u2019s order complies with last month’s ruling.
\u201cIt\u2019s not the end right of the birthright question. We are probably going to see more fights take place over procedure, over the question of class certification, as well as the question of birthright citizenship on the merits,\u201d Damon-Feng said.
Daniella Silva is a national reporter for NBC News, focusing on immigration and education.
© 2025 NBCUniversal Media, LLC<\/p>\n

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