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National Review
National Review
10 Feb 2025
James Lynch


NextImg:Third Federal Judge Blocks Trump Order Restricting Birthright Citizenship

A third federal judge is pausing President Donald Trump’s executive order restricting birthright citizenship for the children of illegal immigrants.

U.S. District Judge Joseph Laplante of New Hampshire blocked Trump’s executive order Monday following similar rulings from federal judges in Maryland and Washington last week.

Laplante, an appointee of President George W. Bush, issued a preliminary injunction in response to a legal challenge from the American Civil Liberties Union filed shortly after Trump took office in January. The ACLU asked Laplante to declare Trump’s order unconstitutional in its entirety under the 14th Amendment.

“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,” Laplante said.

Trump’s executive order narrows the criteria for birthright citizenship to withhold it from the children of mothers living in the U.S. illegally. The executive action was expected to garner significant legal blowback and is already the subject of several ongoing lawsuits.

The 14th Amendment’s guarantee of birthright citizenship dates back to the end of the Civil War, when it was applied to newly freed slaves. Trump and his Republican allies have argued that it is being abused by illegal aliens who are not covered under birthright citizenship rightly understood.

“But 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,'” Trump’s executive order argues.

Last week, Biden-appointed federal judge Deborah Boardman paused Trump’s executive order with a preliminary injunction following a legal challenge from pregnant women and progressive immigration groups.

“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,” Boardman said.

Another federal judge, Reagan-appointed Seattle judge John Coughlan, has also blocked the executive order in case brought by four Democratic attorneys general. The Trump administration is appealing Coughlan’s ruling and has not yet filed an appeal to Boardman’s.

In Massachusetts, Obama-appointed federal judge Leo Sorokin is hearing a case brought by 18 Democratic jurisdictions but has yet to issue a ruling.