On January 20, 2025, President Trump issued an Executive Order (EO) that strips certain children born in the United States of birthright citizenship, which was initially set to go into effect on February 19, 2025. The order declares that a child who is born in the United States is not a citizen if, at the time of the child’s birth, (1) their mother was either “unlawfully present in the United States” or the “mother’s presence in the United States . . . was lawful but temporary” and (2) their father was not a U.S. citizen or lawful permanent resident.
Coming off the heels of the June 27, 2025 Supreme Court ruling that “[u]niversal injunctions likely exceed the equitable authority that Congress has given to federal courts” in the Trump v. CASA case that also left open the avenue of pursuing injunctive relief on behalf of a class (rather than “nationwide” or “universal” injunctions), counsel (American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Legal Defense Fund, Asian Law Caucus, and Democracy Defenders Fund) filed a class action lawsuit on behalf of a proposed class of babies subject to the executive order and their parents that same day (June 27).
That same group filed a similar case in January 2025 in the same court as the present case, on behalf of groups with members whose babies born on U.S. soil will be denied citizenship under the order, including New Hampshire Indonesian Community Support, League of United Latin American Citizens (LULAC), and Make the Road New York: New Hampshire Indonesian Community Support v. Trump.
Several other lawsuits challenging the birthright citizenship EO have been filed since the issuance of this executive order, and some have obtained nationwide injunctions protecting individuals subject to the EO, but the Supreme Court’s June 27th decision narrowed those injunctions, potentially leaving gaps of protection for some children.
In this case, Plaintiffs allege that the EO directly contravenes the Constitution’s mandate on birthright citizenship under the Fourteenth Amendment, federal statute, and long standing Supreme Court precedent. Plaintiffs filed a motion for preliminary injunction to temporarily enjoin (block) the EO while the litigation is ongoing. Plaintiffs also seek class certification in order to seek relief not just for the individual named plaintiffs in the lawsuit, but for all families across the United States subject to the EO.
On July 10, Judge Laplante held a hearing on Plaintiffs’ motions for class certification and preliminary injunction, and later that day issued a decision granting the preliminary injunction and certifying the class, but staying his grant of preliminary injunctive relief for 7 days pending appeal.
Technical Summary
Individual Plaintiffs allege that President Trump’s Executive Order violates (1) the Fourteenth Amendment of the U.S. Constitution (The Citizenship Clause); (2) federal statute (8 U.S.C. § 1401); (3) the APA under § 706(2)(B) as being contrary to constitutional right; and (4) the APA under § 706(2)(C) as being in excess of the applicable federal statute.
Plaintiffs seek preliminary and permanent injunctive relief and declaratory relief in favor of Plaintiffs and those in the purported class. Plaintiffs’ seek certification of the following class of individuals: “All current and future persons who are born on or after February 20, 2025, where (1) that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, as well as the parents (including expectant parents) of those persons.”
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- 06/27/2025
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- 06/27/2025
- 06/27/2025
