A federal court in New Hampshire today blocked President Trump’s executive order that seeks to strip certain babies born in the United States of their U.S. citizenship.
The judge issued the preliminary injunction order from the bench in the lawsuit filed by the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Asian Law Caucus, State Democracy Defenders Fund, and Legal Defense Fund on behalf of New Hampshire Indonesian Community Support, League of United Latin American Citizens (LULAC), and Make the Road New York.
This is the latest in a series of court rulings rejecting Trump’s executive order since it was signed January 20.
“Today’s ruling is the latest rebuke of President Trump’s wildly unconstitutional bid to end birthright citizenship,” said Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project, who argued the case. “This attempt to deny babies their citizenship is as illegal as it is inhumane, and we will keep fighting until we stop this order for good.”
The groups made their case today before U.S. District Judge Joseph N. Laplante, arguing that the Trump administration was flouting the Constitution’s dictates, congressional intent, and longstanding Supreme Court precedent.
“The U.S. Constitution ensures that no politician can decide who among those born in this country is worthy of citizenship — a principle that the federal court in New Hampshire reinforced yet again today. President Trump’s executive order, now preliminarily enjoined in multiple lawsuits across the country, stands in flagrant opposition to our constitutional rights, values, and history. We are glad that the court agreed today that it is a blatant violation of our Constitution,” said SangYeob Kim, senior staff attorney at the ACLU of New Hampshire.
“Today’s injunction reaffirms what we already know: that birthright citizenship is a pillar of our democracy, and no president can simply erase it from our Constitution. Our members come from all over the world with courage and resilience to make better lives for their families. We are grateful that this injunction means that their children will be treated equally to anyone else born in this country. It is what we all deserve, and we will keep fighting to make sure it is a reality,” said Jose Lopez, co-executive director of Make the Road New York.
“Trump’s unconstitutional executive order is blocked for now, affirming the rights of thousands of Asian immigrants — working parents, asylum seekers, students — who came here to find opportunity and safety,” said Aarti Kohli, executive director of the Asian Law Caucus. “Instead of improving living conditions for all, this administration is creating chaos and fear to further a divisive agenda. Just as Wong Kim Ark and his community came together over a century ago, we will continue to fight for the freedom to create a better life for our loved ones.”
“Today’s ruling further confirms that American citizens are indeed American citizens and that no one, not even a president, can take that away,” said Juan Proaño, chief executive officer of LULAC. “While this is just the first of many similar challenges we will face over the coming years, it is an important one because it again reaffirms the fundamental civil rights of American citizens and their immigrant family members.”
“Today’s decision is a victory for all who would have been adversely impacted by this effort to undermine these fundamental constitutional rights,” said Tianna Mays, legal director for State Democracy Defenders Fund. “We are pleased the court upheld this critical right that for over a century has been a clear principle of U.S. law.”
“Today’s decision is a reaffirmation of the 14th Amendment’s original intent: that all children born in this country are entitled to the full rights and protections of citizenship. We are pleased to see the court uphold the proper interpretation of the Citizenship Clause, and the message to those who would be impacted by the president’s executive order is clear: citizenship is a right afforded to us by birth, not by privilege or politics,” said Karla McKanders, director of LDF’s Thurgood Marshall Institute.
The order can be found online here: https://www.aclu.org/documents/nh-indonesian-community-support-preliminary-injunction
This press release can be found online here: https://www.aclu.org/press-releases/federal-court-blocks-trump-birthright-citizenship-executive-order
