A third federal judge has blocked former President Donald Trump’s executive order that sought to end birthright citizenship for children of undocumented immigrants in the United States.
Judge Joseph N. Laplante of the U.S. District Court in New Hampshire issued the ruling on Monday, following similar decisions by judges in Seattle and Maryland. The lawsuit, filed by the American Civil Liberties Union (ACLU), argues that Trump’s order violates the U.S. Constitution and seeks to undo a fundamental constitutional principle.
The Trump administration contends that children of undocumented immigrants are not “subject to U.S. jurisdiction” and therefore do not qualify for automatic citizenship. The administration has already appealed the Seattle ruling.
At the heart of the legal battle is the 14th Amendment, ratified in 1868, which guarantees birthright citizenship. The U.S. Supreme Court previously upheld this right in the landmark 1898 United States v. Wong Kim Ark case, affirming that nearly all children born on U.S. soil are citizens, except for those born to diplomats, foreign enemies during wartime, and certain Native American tribes.
The United States is among 30 countries, including Mexico and Canada, that recognize birthright citizenship, with most others located in Latin America.
