ACLU Wins: Court Protects Citizenship Rights of All U.S.-Born Children

A federal court in New Hampshire has blocked President Donald Trump’s executive order that sought to restrict birthright citizenship, granting nationwide protection to all children born on U.S. soil.

The ruling, announced on Thursday, July 10, by Judge Joseph LaPlante, also certified a nationwide class to safeguard the citizenship rights of children potentially affected by the executive order. A written order is expected to follow, including a seven-day stay to allow the federal government to appeal the decision, according to the Associated Press.

The case arose from a nationwide class-action lawsuit filed on June 27, shortly after a Supreme Court ruling that could have allowed partial enforcement of the executive order. The lawsuit was filed by the American Civil Liberties Union (ACLU) along with state affiliates in New Hampshire, Maine, Massachusetts, the Legal Defense Fund, the Asian Law Caucus, and the Democracy Defenders Fund. The groups argued on behalf of children and families impacted by the order, seeking to prevent any restrictions on citizenship rights guaranteed by the Constitution.

During Thursday’s hearing, the court granted a preliminary injunction and approved the nationwide class certification. The seven-day delay provides the government an opportunity to petition the First Circuit Court of Appeals for a stay, but the ruling is set to take effect before July 27, the date when partial enforcement of the order might have begun.

Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project, celebrated the ruling, saying:

"This is a major victory that protects the citizenship of all children born in the United States, as the Constitution intended. We are committed to ensuring that President Trump cannot undermine the citizenship rights of any child."

Devon Chaffee, executive director of the ACLU of New Hampshire, added:

"The federal court reaffirmed that President Trump's executive order on birthright citizenship violates the Constitution. No politician can determine who is entitled to citizenship in this country, a principle upheld repeatedly in courts across the nation and here in the Granite State."

The decision marks a significant legal setback for the Trump administration and reinforces the constitutional protections for birthright citizenship in the United States.