WASHINGTON (States Newsroom) — A New Hampshire federal judge Monday blocked President Donald Trump’s executive order that aims to end the constitutional right of birthright citizenship.
His preliminary injunction was the third judicial action against the executive order the president signed on his first day of his second term, following nationwide injunctions from Washington state and Maryland.
Judge Joseph N. Laplante said he would issue a statement on his reasoning Tuesday, but noted an injunction was needed due to “the status of children born” as the lawsuit continues. Laplante was appointed by former President George W. Bush in 2007.
The suit, brought by the American Civil Liberties Union, argues that the executive order violates the U.S. Constitution.
“The framers of the Fourteenth Amendment specifically enshrined this principle in our Constitution’s text to ensure that no one—not even the President—could deny children born in America their rightful place as citizens,” according to the complaint. “They did so with full knowledge and intent that this would protect the children of immigrants, including those facing discrimination and exclusion.”
Those who brought the suit against the Trump administration include organizations that advocate for immigrants’ rights and have members whose children would be denied citizenship under the executive order.
The Department of Justice, arguing on behalf of the Trump administration, argues that the 14th Amendment’s phrase, “subject to the jurisdiction” of the United States, does not extend birthright citizenship to children if their parents are either in the country without legal status or have a temporary form of legal status such as a visa.
“Prior misimpressions of the Citizenship Clause have created a perverse incentive for illegal immigration that has negatively impacted this country’s sovereignty, national security, and economic stability,” according to DOJ. “But the Framers of the Fourteenth Amendment did not fate the United States to that reality. Instead, text, history, and precedent support what common sense compels: the Constitution does not harbor a windfall clause granting American citizenship to, inter alia, the children of those who have circumvented (or defied) immigration laws.”
