Third Judge Blocks Trump's 'Wildly Unconstitutional' Attack on Birthright Citizenship

Democracy defenders and migrant rights groups celebrated on Monday after a New Hampshire-based federal judge temporarily blocked Republican U.S. President Donald Trump's attempt to end birthright citizenship for children of people who are not in the country legally, the third to do so in under three weeks.

"Today's ruling is the latest rebuke of President Trump's wildly unconstitutional bid to end birthright citizenship," said Cody Wofsy, who is deputy director of the ACLU's Immigrants' Rights Project and 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."

Opponents of Trump's executive order argue that it clearly conflicts with the 14th Amendment to the U.S. Constitution and over a century of legal precedent. The new preliminary injunction from District Judge Joseph Laplante followed similar decisions by Judge John Coughenour in Washington state and Judge Deborah Boardman in Maryland.

"Birthright citizenship is a pillar of our democracy, and no president can simply erase it from our Constitution."

According to The Associated Press, "At least nine lawsuits have been filed to challenge the birthright citizenship order."

Laplante, an appointee of Republican President George W. Bush, found that the plaintiffs were likely to succeed on the merits of their claims and to suffer irreparable harm if he didn't block Trump's order. The judge also concluded that potential harm to plaintiffs absent any action outweighed possible damage to defendants, and that issuing the injunction was in the public interest.

This challenge against Trump's order was launched by the ACLU and the group's Maine, Massachusetts, and New Hampshire arms as well as the Asian Law Caucus (ALC), 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.

"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," said Jose Lopez, co-executive director of the grassroots group Make the Road New York.

"Our members come from all over the world with courage and resilience to make better lives for their families," Lopez continued. "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."

ALC executive director Aarti Kohli similarly welcomed that "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."

Kohli also pointed to the U.S. Supreme Court's 1898 decision in United States v. Wong Kim Ark, in which the majority ruled that under the 14th Amendment, a young man born in California to Chinese citizen parents was an American.

"Instead of improving living conditions for all, this administration is creating chaos and fear to further a divisive agenda," she said. "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."

Trump's order to end birthright citizenship is just part of his sweeping assault on migrants. Since returning to office last month, he's also effectively shut down the asylum process at the southern border, reinstated the "Remain in Mexico" policy, and pursued a mass deportation plan that involves locking up migrants in federal prisons and at the U.S. naval base in Guantánamo Bay, Cuba.

Juan Proaño, chief executive officer of LULAC, tied the injunction out of New Hampshire to the broader fight against Trump.

"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 Proaño. "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."