A federal judge in New Hampshire will hear arguments on a class-action lawsuit regarding President Donald Trump’s attempts to restrict birthright citizenship. The lawsuit claims that tens of thousands of babies and their parents may suffer from Trump’s order, which attempts to deny citizenship to babies born to parents living in the U.S. illegally or temporarily.
Several federal judges have previously issued injunctions against Trump’s order, saying that the order violates the 14th Amendment to the U.S. Constitution, which guarantees citizenship to all persons born in the United States. The U.S. Supreme Court limited those injunctions, granting lower courts 30 days to act.
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The Trump administration argues that the U.S. can deny citizenship, challenging a legal precedent that has stood since the 19th century.
Arguments will be presented on July 10 before a U.S. District Court judge in New Hampshire regarding whether to grant class-action status to the lawsuit.
The plaintiffs include noncitizen parents such as a Honduran asylum-seeker expecting a child in October and a Brazilian man seeking lawful status. The administration argues their differing statuses prevent a class action.
Judge Laplante, who halted the order in February due to conflicts with the 14th Amendment, could issue a nationwide injunction if he approves the class, thereby safeguarding thousands of children and their families from the risk of losing citizenship.
The ruling could critically block enforcement of the policy set to take effect July 27, as courts adjust to limits on nationwide injunctions following the Supreme Court’s recent decision.