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legal defense fund
Federal Judge Blocks Trump Birthright Citizenship Order, But Fight 'Far From Over'
"We are fighting to ensure President Trump doesn't trample on the citizenship rights of one single child," said a member of the legal team behind the class action suit.
Jul 10, 2025
The battle over U.S. President Donald Trump's attack on birthright citizenship continued on Thursday, when a federal judge in New Hampshire gave a green light to a class action lawsuit and blocked the Republican's contested executive order.
Advocacy groups including the ACLU, Asian Law Caucus, Democracy Defenders Fund, and Legal Defense Fund (LDF) launched the case last month, just hours after the U.S. Supreme Court's right-wing supermajority limited nationwide injunctions—often used by lower courts to stop seemingly illegal policies like Trump's birthright move—but declined to weigh in on the actual order, which three different district judges had blocked.
"The court has sent a clear message: All children born on U.S. soil are entitled to the full rights and protections of citizenship."
Experts warn there will still be challenges to the class action route, but U.S. District Judge Joseph Laplante—an appointee of former President George W. Bush—gave the groups their first win in the new case, certifying "a nationwide class that protects the citizenship rights of all children born on U.S. soil," with a seven-day delay to allow for an appeal from the Trump adminsitration.
"Class petitioners have demonstrated likelihood of success on the merits of their claims; that class petitioners are likely to suffer irreparable harm if the order is not granted; that the potential harm to the class petitioners if the order is not granted outweighs the potential harm to respondents if the order is granted; and that the issuance of this order is in the public interest," the judge wrote.
ACLU Immigrants' Rights Project deputy director Cody Wofsy, who argued the case, said in a statement that "this ruling is a huge victory and will help protect the citizenship of all children born in the United States, as the Constitution intended."
"We are fighting to ensure President Trump doesn't trample on the citizenship rights of one single child," Wofsy declared.
Aarti Kohli, executive director of Asian Law Caucus, noted that "since the Supreme Court's decision, parents have lived in fear and uncertainty, wondering whether they should give birth in a different state, whether their newborns would be subject to deportation, and what kind of future awaits their children."
BREAKING: Judge in new case challenging Trump’s executive order ending birthright citizenship grants class certification and blocks enforcement of the order. The injunction is stayed for seven days to allow any appeal.
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— Chris Geidner (@chrisgeidner.bsky.social) July 10, 2025 at 11:25 AM
LDF senior counsel Morenike Fajana called the district judge's decision "a powerful affirmation of the 14th Amendment and the enduring principle that citizenship in the United States is a right by birth, not a privilege granted by politics."
"By granting nationwide class certification and blocking the executive order from taking effect, the court has sent a clear message: All children born on U.S. soil are entitled to the full rights and protections of citizenship," Fajana continued. "This is a critical victory for families across the country, and we will continue to defend the constitutional promise of equal protection under the law."
While welcoming Thursday's win for the plaintiffs, "and millions of families across this country, who deserve clarity, and stability," Tianna Mays, legal director for Democracy Defenders Fund, also stressed that "the fight to uphold the guarantee of birthright citizenship is far from over, and we will continue to advocate to ensure we keep that promise."
Though not directly commenting on the judge's decision, the Trump administration signaled Thursday that it will keep fighting to end birthright citizenship and impose the other components of the president's anti-immigrant agenda.
"The Trump administration," White House spokesperson Abigail Jackson told NBC News ahead of the hearing, "is committed to lawfully implementing the president's executive order to protect the meaning and value of American citizenship and which restores the 14th Amendment to its original intent."
After Thursday's ruling, according to the news outlet,
the Department of Justice referred NBC News to a previous statement from Attorney General Pam Bondi last week that followed another judge's order in a separate immigration case, saying a "rogue district court judge is already trying to circumvent the Supreme Court's recent ruling against nationwide injunctions." Bondi added in that statement, "the American people see right through this" and that Department of Justice attorneys will continue to fight for Trump's agenda to secure the U.S. border.
Bondi's statement last week was in response to a judge in Washington, D.C. blocking Trump's crackdown on asylum-seekers.
Lee Gelernt, an ACLU attorney who argued that case, said at the time that the "hugely important decision" will "save the lives of families fleeing grave danger" and "reaffirms that the president cannot ignore the laws Congress has passed and the most basic premise of our country's separation of powers."
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DOJ Slammed for Ending Efforts to Tackle Racist Policing
One critic called the move "an unprecedented abandonment of the Department of Justice's responsibility to enforce civil rights laws and protect communities from unlawful police abuse."
May 22, 2025
Racial justice advocates decried Wednesday's announcement by the U.S. Department of Justice that it will end law enforcement reform and accountability efforts, including the Biden administration's agreements with the cities of Minneapolis and Louisville—a move that came just days before the fifth anniversary of George Floyd's murder by a Minneapolis cop.
The Department of Justice's (DOJ) Civil Rights Division said it is dropping lawsuits against the Minneapolis and Louisville police departments and ending pending consent decrees—court-enforceable agreements under which law enforcement agencies commit to reform—with the two cities. The deals, which have been submitted to judges for approval, have been held up in federal court as the Trump administration has sought to block their implementation.
The Civil Rights Division said it "will also be closing its investigations into, and retracting the Biden administration's findings of constitutional violations on the part of," the Louisiana State Police and police departments in Phoenix; Memphis; Oklahoma City; Trenton, New Jersey; and Mount Vernon, New York.
To “disappear” DOJ findings like this is the most disturbing and disgraceful part. A key advantage of DOJ pattern & practice investigations is that DOJ has the resources to absorb the cost of generating the findings that indiv civ rights groups suing police depts find onerous & often prohibitive.
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— Sherrilyn Ifill ( @sifill.bsky.social) May 21, 2025 at 8:02 AM
Civil rights lawyer Benjamin Crump, who represents the families of George Floyd—murdered by then-Minneapolis police officer Derek Chauvin on May 25, 2020—and Breoanna Taylor, who was killed earlier that year by Louisville police, called the DOJ announcement a "slap in the face."
"Just days before the fifth anniversary of George Floyd's murder—a moment that galvanized a global movement for justice—the U.S. Department of Justice has chosen to turn its back on the very communities it pledged to protect," Crump said in a statement Wednesday.
"By walking away from consent decrees in Minneapolis and Louisville, and closing its investigation into the Memphis Police Department while retracting findings of serious constitutional violations, the DOJ is not just rolling back reform, it is attempting to erase truth and contradicting the very principles for which justice stands," he asserted.
"These consent decrees and investigations were not symbolic gestures, they were lifelines for communities crying out for change, rooted in years of organizing, suffering, and advocacy," Crump continued, adding that the DOJ's moves "will only deepen the divide between law enforcement and the people they are sworn to protect and serve."
Congresswoman Jasmine Crockett (D-Texas) lamented the DOJ move and accused the Trump administration of acting "like Breonna Taylor and George Floyd's lives didn't mean a damn thing."
Democratic Minneapolis Mayor Jacob Frey said his city would proceed with reforms despite the DOJ's announcement, while questioning the move's timing.
"The Trump administration is a mess. It is predictable that they would move for a dismissal the very same week that George Floyd was murdered five years ago," he said. "What this shows is that all [President] Donald Trump really cares about is political theater."
The DOJ claimed the Biden administration falsely accused the Minneapolis and Louisville police departments of "widespread patterns of unconstitutional policing practices by wrongly equating statistical disparities with intentional discrimination and heavily relying on flawed methodologies and incomplete data."
"These sweeping consent decrees would have imposed years of micromanagement of local police departments by federal courts and expensive independent monitors, and potentially hundreds of millions of dollars of compliance costs, without a legally or factually adequate basis for doing so," the agency argued.
Assistant Attorney General Harmeet Dhillon—the conspiracy theorist who heads the Civil Rights Division despite, or perhaps because of, her troubled history of working against voting, reproductive, LGBTQ+, and other civil rights—said in a statement Wednesday that her agency is ending the Biden administration's "failed experiment of handcuffing local leaders and police departments with factually unjustified consent decrees."
"Overbroad police consent decrees divest local control of policing from communities where it belongs, turning that power over to unelected and unaccountable bureaucrats, often with an anti-police agenda," Dhillon added.
"DOJ's actions today amount to a public declaration that law enforcement agencies are above the law."
Legal Defense Fund director of strategic initiatives Jin Hee Lee called the DOJ announcement "an unprecedented abandonment of the Department of Justice's responsibility to enforce civil rights laws and protect communities from unlawful police abuse."
Lee said the DOJ investigations that led to the consent decrees "revealed a litany of systemic harms to community members, whom officers are sworn to protect—from wanton violence and sexual misconduct to unlawful stops, searches, and arrests, and racially discriminatory policing."
"By abandoning its obligation to pursue legal remedies that would stem this unlawful conduct, DOJ necessarily condones it," Lee added. "DOJ's actions today amount to a public declaration that law enforcement agencies are above the law."
NAACP president Derrick Johnson said on social media, "It's no surprise that Trump's Department of Coverups and Vengeance isn't seeking justice."
"It's been five years, and police reform legislation still hasn't passed in Congress, and police departments still haven't been held accountable," Johnson added, referring to Floyd's murder. "Five years."
Furthermore, speculation is growing over the prospect of Trump pardoning Chauvin. Addressing the possibility, Democratic Minnesota Gov. Tim Walzsaid earlier this week that "if Chauvin's federal conviction is pardoned, he will still have to serve the remainder of his 22-and-a-half-year state prison sentence for murder and manslaughter."
Opponents vowed to fight the Trump administration's civil rights pushback.
"Let me be clear: We will not give up," Crump said. "This movement will not be swayed or deterred by fickle politics. It is anchored in the irrefutable truth that Black lives matter, and that justice should not depend on who is in power."
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Experts Warn Trump Legal Claims for Mahmoud Khalil Arrest Portend Rise of Fascist Police State
"This targeting sends a chilling message to people across this country, on and off campuses, that anyone exercising their rights will be subject to repression, detention, and possible deportation," said one advocate.
Mar 12, 2025
As a federal judge on Wednesday extended an order temporarily banning the deportation of Mahmoud Khalil and new details emerged about the Trump administration's arguments for trying to expel him, legal experts and other commentators continued to express alarm over the targeting of the green-card holder involved with pro-Palestinian protests at Columbia University last year.
In a Wednesday statement, Legal Defense Fund president and director-counsel Janai Nelson cited President Donald Trump's recent Truth Social post that described Khalil as "a Radical Foreign Pro-Hamas Student" and pledged that "this is the first arrest of many to come."
Nelson warned that "the arrest of Mahmoud Khalil, and President Trump's promise that there will be more arrests to come, is a chilling presentiment that raises serious concerns about this administration's misuse of immigration enforcement personnel to curtail and punish constitutionally protected First Amendment activity. The Trump administration's tactics aim to stoke fear and signal that dissent will result in harmful immigration consequences and other forms of oppression that may include surveillance, violence, detainment, and even potential deportation."
"The law is clear," she stressed. "The First Amendment guarantees demonstrators the right to peacefully assemble and dissent without government retaliation. We demand due process and human and civil rights protections for Mr. Khalil and all lawful protesters. His treatment should alarm everyone who believes in the primacy of the U.S. Constitution and, especially, First Amendment freedom and equal protection under law."
Khalil, an Algerian citizen of Palestinian descent, finished his studies at Columbia in December. He was arrested by Immigration and Customs Enforcement agents in New York City on Saturday while returning home with his pregnant wife, a U.S. citizen who said that "ICE officers hung up the phone on our lawyer." He is being held at an immigration detention center in Jena, Louisiana.
The Washington Post reported Wednesday that "a determination by Secretary of State Marco Rubio is so far the Trump administration's sole justification for trying to deport" him. The newpaper obtained a notice informing Khalil that he faces deportation under the Immigration and Nationality Act because Rubio "has reasonable ground to believe that your presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States."
Rubio on Wednesday suggested to reporters that Khalil supports Hamas, which has goverened the Gaza Strip for nearly two decades and is designated as a terrorist group by the United States. The secretary said that "this is not about free speech. This is about people that don't have a right to be in the United States to begin with... No one has a right to a green card."
Khalil's lawyers said in a Monday filing that as a Palestinian, he "has felt compelled to be an outspoken advocate for the human rights of Palestinians, including on the campus of Columbia University," and "he is committed to calling on the rest of the world to protect the rights of Palestinians under international law and to stop enabling violence against Palestinians."
Last year's protests at Columbia and other campuses came as Israeli forces responded to a Hamas-led attack on Israel by waging a devstating U.S.-backed military assault on Palestinians in Gaza, resulting in widespread allegations of genocide.
The administration's attempt to deport Khalil and Trump's signal that other pro-Palestinian advocates will face similar attacks have provoked intense outrage. Khalil's legal team includes lawyers with the ACLU and the Center for Constitutional Rights (CCR), which launched proceedings challenging his detention and seeking his return to New York.
"This is clearly an attempt to deport Mahmoud by exploiting a vague and overly broad provision of U.S. immigration law," CCR's Brad Parker told the Post. "This provision, if not reined in, will be exploited to pursue the deportation of anyone who disagrees with the administration's foreign policy agenda. This is not about security, this is about absolute executive power and repression."
Paul O'Brien, executive director at Amnesty International USA, also weighed in with Wednesday statement, calling Khalil's arrest "another attack on human rights by the Trump administration" and emphasizing that "each and every one of us—regardless of immigration status—has the right to peaceful assembly, freedom of expression, and due process."
"Targeting and threatening peaceful protesters and their immigration status for the content of their protest, such as advocating for the human rights of Palestinians, is a violation of human rights," he said. "This targeting sends a chilling message to people across this country, on and off campuses, that anyone exercising their rights will be subject to repression, detention, and possible deportation. And for the immigrant communities already living in fear throughout the U.S., they are now only further pushed into the shadows with fear that they could be deported for speaking out."
In addition to demanding Khalil's immediate release, O'Brien called on universities to "take steps to protect their immigrant students from ICE enforcement and ensure that the human rights of all of their students and faculty to protest in support of Palestinian rights and other issues is respected and protected."
As Common Dreams reported earlier Wednesday, Khalil's wife said in a detailed account of their recent experiences that her husband had emailed Columbia University the day before his arrest, seeking legal support, and had never heard back.
Jeffrey C. Isaac, a political science professor at Indiana University Bloomington, argued in a Wednesday opinion piece for Common Dreams that "this is not about Hamas or Palestine or Israel or antisemitism. It is about the crackdown on dissent. Period. Foreign 'agitators,' American 'agitators,' it makes no difference."
"The arrest of Khalil Mahmoud is an offense to every citizen of the United States, and it sets a precedent that endangers us all," Isaac added. "Trump is turning the United States into a police state."
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