Judge Trashes Trump’s Agenda—Birthright Citizenship Order Reversed

Phanphen Kaewwannarat

A federal judge in New Hampshire has blocked President Trump’s executive order that would have ended birthright citizenship for children born to illegal immigrants and temporary migrants, using a class-action loophole that functions as a nationwide injunction under another name.

President Trump’s Protecting the Meaning and Value of American Citizenship order, signed on his first day back in office, was set to take effect on July 27, declaring that children born in the U.S. to mothers who were unlawfully present and fathers who were neither citizens nor green card holders would not automatically receive U.S. citizenship.

After the Supreme Court ruled in CASA that universal injunctions against Trump’s order “likely exceed” federal courts’ authority, activists shifted to a new strategy: pushing nationwide class-action certifications to sidestep the ruling.

Judge Joseph Laplante, a Bush appointee, granted class-action status to an ACLU lawsuit against the order, certifying as a class “all current and future persons born on or after February 20, 2025,” who fit Trump’s targeted criteria, and temporarily blocked enforcement of the order against them.

ACLU’s Cody Wofsy celebrated the ruling as “a huge victory,” while critics like Sen. Marsha Blackburn (R-TN) called it “complete madness.” Rep. Mike Collins (R-GA) echoed the frustration, stating, “No one elected judges to make nationwide policy. This needs to end.”

Justice Samuel Alito previously warned that class-action certifications should not become a “backdoor” for universal injunctions, but the ruling in New Hampshire suggests activists and activist judges are testing those limits to undermine Trump’s immigration crackdown.

The ruling, which will take effect in seven days unless stayed, comes just days after another Obama-appointed judge used the same class-action strategy to block Trump’s asylum ban, prompting the administration to appeal immediately.

A senior White House official told Blaze News they are prepared to challenge the ruling, stating, “We’re ready to go immediately. We’re prepared for every outcome.”

Meanwhile, Sen. Tom Cotton (R-AR) announced plans to introduce legislation next week to permanently end birthright citizenship for children of illegal immigrants, calling the judge’s ruling a “flagrant abuse” that must be stopped by Congress if the courts will not uphold the law.

The push to block Trump’s birthright citizenship order highlights the ongoing struggle between elected officials pursuing secure borders and an activist legal system determined to maintain policies that encourage illegal immigration. As the administration prepares its appeal, the battle over whether American citizenship should be protected or handed out as a global entitlement continues to escalate, with activists betting that judges will continue to override the will of voters who demanded tighter immigration controls.