A third federal judge has blocked President Donald Trump’s executive order that seeks to end birthright citizenship for children of illegal aliens. The ruling, issued on Monday, February 10th, by U.S. District Judge Joseph N. Laplante in New Hampshire, follows similar decisions from judges in Washington state and Maryland.
Laplante, a George W. Bush appointee, ruled that the Trump administration’s legal arguments were unconvincing and said he would issue a formal preliminary injunction explaining his reasoning. His decision temporarily halts the executive order, which the administration argues is necessary to clarify the 14th Amendment’s scope.
The American Civil Liberties Union (ACLU) and immigrant rights organizations filed lawsuits against the order, calling it unconstitutional. The ACLU stated it “attempts to upend one of the most fundamental American constitutional values.”
The Trump administration argues that children of illegal immigrants are not “subject to the jurisdiction” of the United States and should not automatically receive citizenship. The Justice Department has announced plans to appeal, stating that the executive branch can reinterpret birthright citizenship without a constitutional amendment.
Legal battles over the order are expected to continue, with the administration aiming to take the case to the U.S. Supreme Court. Vice President JD Vance previously stated that Trump’s goal was to change birthright citizenship through the courts rather than amending the Constitution.
Last week’s rulings in Seattle and Maryland also blocked the order. In Seattle, U.S. District Judge John C. Coughenour, a Reagan appointee, called the executive action “blatantly unconstitutional” and imposed a 14-day freeze on its implementation. In Maryland, U.S. District Judge Deborah Boardman, a Biden appointee, issued a similar ruling.
Legal scholars cite the 14th Amendment, ratified in 1868, as the foundation of birthright citizenship. In United States v. Wong Kim Ark (1898), the Supreme Court ruled that nearly all children born within the United States automatically receive citizenship, except for children of foreign diplomats, enemy occupiers, or sovereign Native American tribes.
The Justice Department argues that the phrase “subject to the jurisdiction thereof” in the 14th Amendment provides grounds to deny birthright citizenship to children of illegal immigrants. A hearing on the case is scheduled next week in Seattle, and legal experts predict the Supreme Court may ultimately decide the dispute.
