Federal judge halts Trump order stripping citizenship from US-born children

A federal judge on Thursday (July 10) again prohibited US President Donald Trump's administration from enforcing his executive order restricting birthright citizenship across the country following the US Supreme Court's limitation of the power of judges to block his policies with nationwide injunctions.

US District Judge Joseph Laplante in Concord, New Hampshire, issued the decision after advocates of immigrant rights pleaded with him to certify as a class action lawsuit one they had filed in an attempt to represent any babies whose citizenship would be in jeopardy from enforcement of Trump's order.

Laplante concurred the plaintiffs can proceed as a class so he could issue a new judicial order halting enforcement of the Republican president's policy nationwide. The question of whether to issue an injunction was "not a close call," he was quoted saying, noting children could be deprived of US citizenship if Trump's order took effect. "That’s irreparable harm, citizenship alone," he said. "It is the greatest privilege that exists in the world,” he added.

The judge said he would stay his ruling for a few days to allow the Trump administration to appeal and would issue a written decision by the end of the day. The ACLU and others filed the suit hours after the Supreme Court on June 27 delivered a 6-3 decision, fueled by its conservative majority, that constricted three nationwide injunctions issued by judges in individual challenges to Trump's order.

The suit was brought on behalf of non-US citizens residing in the United States whose infants may be impacted. Trump's executive order, under the Supreme Court's ruling, would go into effect on July 27.

Seeking to capitalise on an exception in the Supreme Court's ruling, lawyers for the plaintiffs asserted that the ruling permits judges to continue to enjoin Trump policies on a nationwide scope in class action cases. The three judges who issued the national injunctions concluded that Trump's order probably infringes on citizenship language in the US Constitution's 14th Amendment. The amendment states that all "persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."

The Justice Department has maintained that Trump's order is in line with the Constitution and requested Laplante to rule that the plaintiffs are unable to sue as a class. Trump's order instructs federal agencies not to recognise the citizenship of US-born children who do not have at least a parent who is an American citizen or lawful permanent resident, also referred to as a "green card" holder.

Over 150,000 babies would be denied from citizenship each year if implemented nationwide, Democratic-led states and immigrant rights groups, who have already fought it, said.