A federal judge in New Hampshire will hear arguments today on certifying a class-action lawsuit to protect every baby impacted by President Donald Trump’s January executive order restricting birthright citizenship. Filed by the ACLU and others on behalf of a pregnant woman, two parents, and their infants, the suit challenges the order denying citizenship to children born to parents in the U.S. illegally or temporarily.
The lawsuit targets the 14th Amendment’s guarantee that “all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens.” Trump’s administration argues this clause allows denying citizenship to children of undocumented or temporary immigrants, claiming it addresses “perverse incentives” for illegal immigration affecting sovereignty and security.
Multiple federal judges issued nationwide injunctions blocking the order, but a June 27 Supreme Court ruling curbed these, giving lower courts 30 days to act. In response, plaintiffs in New Hampshire, Maryland, and Massachusetts are pushing for class-action status to shield all affected families. New Jersey’s case, involving over a dozen states, has a hearing set for July 18.
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New Hampshire plaintiffs include a Honduran woman, due in October, fearing family separation, and a Brazilian man whose child, born in March, faces uncertain status despite family ties to a U.S. citizen. CASA’s Ama Frimpong urged calm, emphasizing ongoing legal efforts to block the order.
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