A New Hampshire federal judge announced plans Thursday to issue a temporary nationwide block on President Trump’s executive order to end birthright citizenship, two weeks after the Supreme Court quashed a universal injunction in the case.
Concord US District Judge Joseph Laplante agreed to certify a nationwide class for “those deprived of citizenship,” using an authority that the Supreme Court left untouched after its landmark decision June 27.
“The preliminary injunction is just not a close call to the court,” Laplante, a George W. Bush appointee, stated during a hearing. “The deprivation of US citizenship and an abrupt change of policy that was longstanding … that’s irreparable harm.”
A writen order was expected to follow, with LaPlante saying he would stay his order seven days to allow an expected appeal by the Trump administration.
On Jan. 20, during Trump’s first day back in the White House, he signed an executive order declaring that only children who have at least one parent who is a US citizen or legal permanent resident would be automatically granted citizenship.
The 14th Amendment stipulates that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Trump argued that birthright citizenship has been abused and ushered in an era of “birth tourism,” in which foreign nationals have babies in the US to give their children citizenship.
Federal judges in Maryland, Massachusetts and Washington had issued sweeping universal injunctions, also known as nationwide injunctions, to block that order from taking effect. --->READ MORE HERE
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| Joe Raedle/Getty Images |
Justice Department had planned to begin enforcing the landmark immigration policy as early as July 27
A federal judge in New Hampshire blocked President Donald Trump's executive order banning birthright citizenship and granted nationwide class certification status to all infants impacted by the order on Thursday.
U.S. District Judge Joseph LaPlante said that he will issue a written ruling by the end of the day further explaining his decision. The injunction also narrows down the scope of the class to infants, removing parents from the case.
In his order, LaPlante ruled that deprivation of citizenship, as held by the 14th Amendment, and changes in longstanding policy would create "irreparable harm."
Still, it is almost sure to be quickly appealed by the Trump administration. It comes after the Supreme Court reviewed the case earlier this year, and ruled 6-3 in late June that plaintiffs seeking nationwide relief must file their cases as a class action lawsuit — narrowing the instances in which lower district courts can issue so-called universal injunctions.
That high court ruling narrowly focused on the authority of lower courts, and justices did not wade into the legality of Trump's executive order ending birthright citizenship, which served as the legal pretext for the case. --->READ MORE HERE
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