Rev. Patrick Mahoney, director of the Christian Defense Coalition, joined demonstrators outside the U.S. Supreme Court on Thursday, May 15, 2025, to protest the Trump administration's effort to strip birthright citizenship from the Constitution. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — A federal judge in New Hampshire Thursday issued a preliminary injunction against President Donald Trump’s executive order that would rewrite the constitutional right to birthright citizenship, and granted a class certification to infants who would be affected by the order.

The ruling from U.S. District Judge Joseph Laplante came after the Supreme Court last month limited lower courts’ ability to grant nationwide injunctions. Multiple courts had blocked the president’s executive order ending birthright citizenship, which is granted under the 14th Amendment to any infant born on U.S. soil. There is an exception for children born to foreign diplomats. 

Laplante will stay his ruling for seven days to give the Trump administration time to appeal, according to his written order. Laplante was nominated by former President George W. Bush.

The high court in June deemed that lower courts should seek a narrower way to issue orders with wide effect, such as a class action suit. Under the ruling, the Trump administration’s executive order could take effect by July 27 in the 28 states that did not initially sue.

After the Supreme Court ruling, the American Civil Liberties Union filed the suit on behalf of immigrants whose babies would be affected by the order.

However, Laplante narrowed his injunction to focus on the infants as the plaintiffs rather than the parents.

“This ruling is a huge victory and will help protect the citizenship of all children born in the United States, as the Constitution intended,” said Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project, who argued the case. “We are fighting to ensure President Trump doesn’t trample on the citizenship rights of one single child.”