CONCORD, N.H. (BN24) — A U.S. federal judge on Thursday again blocked the Trump administration from denying citizenship to some U.S.-born children, invoking an exception in the Supreme Court’s recent ruling that limited judges’ ability to halt national policies.
U.S. District Judge Joseph Laplante ruled in favor of immigrant rights advocates seeking to certify a class action representing all children whose citizenship could be threatened by President Donald Trump’s executive order restricting birthright citizenship.
The decision, issued after a hearing in Concord, marks the latest legal setback for the policy, which Trump signed in January on his first day back in office. Laplante paused his order for seven days to give the administration time to appeal, which a Justice Department lawyer indicated it would.
“This is going to protect every single child throughout the country from this lawless, unconstitutional, cruel executive order,” said Cody Wofsy, an American Civil Liberties Union attorney who argued the case.
Laplante, appointed by Republican President George W. Bush, concluded that certifying the case as a class action allowed him to reissue a national injunction under the Supreme Court’s June 27 decision. That ruling invalidated three other nationwide injunctions blocking Trump’s order but carved out an exception for class actions.
“It is the greatest privilege that exists in the world,” Laplante said of citizenship, calling the potential harm to children “irreparable.”
The Supreme Court ruling narrowed judges’ power to issue so-called universal injunctions and required lower courts to reconsider their scope. But it also made clear that class action lawsuits could still seek relief for large groups.
Trump’s order directs federal agencies to deny citizenship to U.S.-born babies if neither parent is an American citizen or a lawful permanent resident. Immigrant rights advocates say more than 150,000 newborns each year could be affected.
White House spokesperson Harrison Fields condemned Thursday’s ruling as “an obvious and unlawful attempt to circumvent the Supreme Court’s clear order against universal relief.”
“This judge’s decision disregards the rule of law by abusing class action certification procedures,” Fields said in a statement, pledging that the administration would “fight vigorously” to defend the policy.
The ruling follows months of litigation over Trump’s directive. Earlier this year, four federal judges, including Laplante, issued injunctions halting enforcement after finding it likely violated the 14th Amendment’s citizenship clause. That provision was interpreted in the Supreme Court’s landmark 1898 decision, United States v. Wong Kim Ark, to guarantee citizenship to children born on U.S. soil regardless of their parents’ immigration status.
While Laplante limited his earlier injunction to members of three nonprofit organizations that brought the case before him, judges in Maryland, Massachusetts and Washington imposed broader nationwide bans.
The Supreme Court’s conservative majority ruled that such nationwide injunctions exceeded judges’ authority. Justice Amy Coney Barrett, writing for the 6-3 majority, said class actions remained an available path to seek comparable relief.
Immigrant rights groups quickly responded, filing two proposed class actions within hours of the Supreme Court decision. One of them, before Laplante, advanced on Thursday when he granted provisional class certification.
During the hearing, Laplante said he preferred class actions to sweeping universal injunctions, describing them as “fairly routine” and more appropriate for resolving broad constitutional disputes.
“It’s a better process to narrow these decisions and not have judges create national policy,” he said.
Still, Laplante acknowledged that the Supreme Court had emphasized the need for rigorous scrutiny when granting class certification.
“That said, the Supreme Court suggested a class action is a better option,” he noted.
Trump’s executive order is set to take effect on July 27 if higher courts do not extend the pause.
