US District Judge Joseph Laplante granted a request by immigrant rights advocates to certify a class action lawsuit, allowing him to issue a new nationwide injunction against the policy. The case seeks to protect the citizenship status of babies born in the US to non-citizen parents.
Laplante said the decision to block the order was “not a close call,” stating that the risk of children being denied US citizenship would cause “irreparable harm.” He called citizenship “the greatest privilege that exists in the world.”
The judge has stayed his ruling for seven days to allow the Trump administration to file an appeal and said a written decision would follow by the end of the day.
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Background and legal context
Trump’s executive order, announced in January on his return to office, was set to take effect on July 27. It directs federal agencies to deny citizenship to US-born children unless at least one parent is a US citizen or lawful permanent resident.
Immigrant rights groups and Democratic-led states estimate that over 150,000 newborns could be affected annually if the policy is implemented. Critics argue that the directive violates the 14th Amendment to the Constitution, which guarantees citizenship to “all persons born or naturalized in the United States.”
On June 27, the Supreme Court issued a 6–3 ruling limiting the use of universal injunctions—court orders that apply nationwide and affect individuals who are not parties to a case. However, the court left room for such broad relief in class action cases, which Laplante’s ruling now leverages.
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Legal arguments and ongoing disputes
The Trump administration contends the order complies with the Constitution and argues that the plaintiffs lack sufficient common ground to qualify as a class. Government lawyers warned that issuing an injunction at this stage would “short circuit” the appropriate legal process.
Laplante, appointed by President George W Bush, had previously ruled in February that Trump’s order was likely unconstitutional. In that case, he limited relief to members of three nonprofit immigrant rights organizations.
On Thursday, however, the American Civil Liberties Union (ACLU) urged Laplante to expand protection to a nationwide class of affected families. The judge acknowledged the importance of class actions under the new Supreme Court guidance and noted, “It’s a better process to narrow these decisions and not have judges create national policy. That said, the Supreme Court suggested a class action is a better option.”
The Department of Justice did not immediately respond to a request for comment.