• Three federal judges have blocked Trump’s executive order limiting birthright citizenship, citing conflicts with the 14th Amendment.
  • The order aimed to exclude children of undocumented immigrants from citizenship, sparking multiple legal challenges.
  • The rulings may lead to a Supreme Court showdown over constitutional interpretations of citizenship by birth.

Three federal judges have now blocked former President Donald Trump’s executive order aimed at restricting birthright citizenship for children of undocumented immigrants. The latest ruling came from U.S. District Judge Joseph Laplante in New Hampshire, adding to earlier decisions by federal judges in Maryland and Washington last week.

Laplante Blocks Trump’s Executive Order

Judge Joseph Laplante, appointed by President George W. Bush, issued a preliminary injunction on Monday, temporarily halting the order. The ruling came after the American Civil Liberties Union (ACLU) challenged the constitutionality of Trump’s order under the 14th Amendment. The ACLU argues that the executive order contradicts the long-standing interpretation of birthright citizenship.

Laplante stated, “The court hereby finds that Plaintiffs have demonstrated a likelihood of success on the merits of their claims; that Plaintiffs are likely to suffer irreparable harm if the order is not granted; that the potential harm to the Plaintiffs if the order is not granted outweighs the potential harm to Defendants if the order is granted; and that the issuance of this order is in the public interest.”

What Trump’s Executive Order Proposes

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Trump’s order seeks to narrow the criteria for birthright citizenship, excluding children born to undocumented mothers in the U.S. The executive action has faced immediate legal pushback, with ongoing lawsuits challenging its validity. The 14th Amendment, ratified after the Civil War, guarantees citizenship to all individuals born on U.S. soil. Trump and his allies argue this provision is being misused by undocumented immigrants.

The order claims, “The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’”

Broader Legal Context and Additional Rulings

Last week, Biden-appointed Judge Deborah Boardman also issued a preliminary injunction against the order, after lawsuits from pregnant women and immigration groups. Boardman declared, “The executive order conflicts with the plain language of the 14th Amendment, contradicts 125-year-old binding Supreme Court precedent and runs counter to our nation’s 250-year history of citizenship by birth.”

Additionally, Reagan-appointed Judge John Coughlan in Seattle blocked the order in a case brought by Democratic attorneys general. The Trump administration has appealed Coughlan’s ruling but has yet to appeal Boardman’s decision.

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In Massachusetts, Obama-appointed Judge Leo Sorokin is presiding over a similar case brought by 18 Democratic jurisdictions but has not yet issued a ruling.

What Happens Next?

As legal challenges grow, the future of Trump’s executive order remains uncertain. These rulings could potentially head to the Supreme Court for final resolution. The debate highlights the tension between executive authority and constitutional guarantees.

 

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