Third Federal Judge Blocks Trump’s Birthright Citizenship Order
A federal judge in New Hampshire issued an injunction on Monday blocking former President Donald Trump’s executive order on birthright citizenship, making him the third federal judge to do so. The order sought to deny U.S. citizenship to children born on American soil to undocumented immigrant parents.
Judge Joseph N. Laplante of the U.S. District Court in New Hampshire announced he would issue an immediate injunction, with a detailed explanatory order to follow on Tuesday.
This decision follows similar rulings by federal judges in Maryland and Seattle. Last week, a Maryland judge issued a nationwide injunction blocking the order indefinitely.
The Trump administration’s broader immigration crackdown—targeting both legal and undocumented migrants—has triggered at least 10 lawsuits, with seven directly challenging the executive order on birthright citizenship.
The lawsuit was filed by the ACLU branches in New Hampshire, Massachusetts, and Maine, along with the Asian Law Caucus and the State Democracy Defenders Fund, on behalf of immigrant support groups, including New Hampshire Indonesian Community Support.
Cody Wofsy, a lawyer for the plaintiffs, argued that the order violated the 14th Amendment and the separation of powers clause. “The president cannot unilaterally rewrite our citizenship rules,” he told the court.
Government attorney Drew Ensign defended the order, claiming children of undocumented immigrants have divided allegiances.
The order, issued to take effect after Feb. 19, sought to deny citizenship to children born to both undocumented immigrants and noncitizen parents in the U.S. on short-term visas.
