In a significant development from New Hampshire, a federal judge has put the brakes on President Donald Trump's executive order that sought to end birthright citizenship in the United States. Judge Joseph LaPlante issued a preliminary injunction and certified a class action lawsuit that extends protections to all children potentially affected by the order, according to Boston.com.
The lawsuit, representing a pregnant woman among others, challenges the Trump administration's interpretation of the 14th Amendment; the administration posits that "subject to the jurisdiction thereof" allows for the denial of citizenship to children born in the U.S. to parents who are undocumented or temporarily in the country, this is despite the fact that federal judges had previously issued nationwide injunctions stopping Trump’s order from taking effect, yet the U.S. Supreme Court then limited those injunctions in late June, NBC Boston reports.
"Prior misimpressions of the citizenship clause have created a perverse incentive for illegal immigration that has negatively impacted this country's sovereignty, national security, and economic stability," government lawyers were quoted in the case; however, LaPlante found such arguments unpersuasive, and the American Civil Liberties Union has stepped in to represent the plaintiffs, as detailed by Boston.com.
After the hour-long hearing which culminated in Judge LaPlante's decision, Cody Wofsy, an attorney for the plaintiffs, expressed relief, stating, "This is going to protect every single child around the country from this lawless, unconstitutional and cruel executive order,"—the suit was filed with urgency as lawyers for the plaintiffs believe "tens of thousands of babies and their parents may be exposed to the order’s myriad harms in just weeks and need an injunction now," The injunction issued by LaPlante is subject to an appeal within a seven-day stay, moreover, the ruling puts the birthright citizenship issue on likely another dash to the Supreme Court, as per NBC Boston reports.
Amidst the legal battle, advocacy groups remain proactive; Ama Frimpong, legal director at CASA, told her organization's members, "No one has to move states right this instant," signaling the multifaceted approach being used to counter the executive order. Plaintiffs, such as a Honduran woman awaiting the birth of her child, fear that the executive order would expose their families to danger and risk of separation, sentiments they shared in court documents and interviews, per Boston.com.
