Federal Court Blocks Trump Birthright Citizenship Order
Ruling protects all children born on U.S. soil from exclusion under executive order.
WASHINGTON — A federal court in New Hampshire on Thursday blocked the enforcement of President Donald Trump’s executive order aimed at restricting birthright citizenship, granting a nationwide preliminary injunction and certifying a class that protects all children born on U.S. soil.
The ruling, delivered from the bench, comes in Barbara v. Donald J. Trump, a case filed June 27 by the American Civil Liberties Union and several partner organizations following a recent U.S. Supreme Court decision in Trump v. CASA. That decision had opened the door for partial implementation of Trump’s order, prompting a flurry of legal challenges across the country.
The ACLU — along with affiliates in New Hampshire, Maine, and Massachusetts, and supported by the Legal Defense Fund, the Asian Law Caucus, and the Democracy Defenders Fund — argued the order violated the 14th Amendment’s guarantee of birthright citizenship. The lawsuit was brought on behalf of a nationwide class of newborns affected by the executive order.
While the court granted the injunction and class certification, it delayed enforcement by seven days to allow the federal government time to seek a stay from the First Circuit Court of Appeals. Even with the delay, the order will block implementation before July 27, when the administration had planned to begin partial enforcement.
The judge’s decision affirms longstanding constitutional protections that have defined U.S. citizenship for more than a century. Under the 14th Amendment, all persons born on American soil are citizens, regardless of their parents’ immigration status.
Advocates say the ruling provides crucial stability to families nationwide who have faced growing uncertainty since the Trump administration signaled a reinterpretation of birthright citizenship earlier this year.
The court’s action marks the second time in 2025 that a federal court has halted aspects of the executive order. The January ruling blocked its enforcement regionally.
The case will continue in federal court, but for now, the ruling ensures that children born in the United States remain recognized as U.S. citizens under the Constitution — a protection that civil rights groups say is foundational to American democracy.
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