A third federal judge has issued a ruling blocking President Donald Trump’s executive order aimed at ending birthright citizenship for children of non-citizens.
U.S. District Judge Joseph Laplante, a George W. Bush appointee, granted a preliminary injunction on Monday, effectively halting the order indefinitely. The ruling came in response to a lawsuit filed by New Hampshire Indonesian Community Support, LULAC, and Make the Road New York, according to CBS News.
At the end of a brief hearing, Judge Laplante announced that he would grant the plaintiffs’ request for an injunction, though he did not immediately provide a detailed explanation for his decision. Instead, he stated that a written decision outlining his reasoning would be issued by Tuesday.
The ruling marks the third time a federal judge has blocked Trump’s birthright citizenship order, which has been met with multiple legal challenges since it was signed on Trump’s first day in office.
President Trump’s executive order argues that the 14th Amendment has been misinterpreted by courts and immigration advocates to grant automatic citizenship to children born to undocumented immigrants.
It states that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by state, local, or other governments or authorities purporting to recognize United States citizenship, to persons when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
Trump’s order asserts that the 14th Amendment has never granted universal birthright citizenship and that its language—“subject to the jurisdiction thereof”—has historically excluded children of undocumented immigrants.
The order also cites 8 U.S.C. 1401, a federal statute that defines U.S. citizenship, arguing that it mirrors the original intent of the 14th Amendment by limiting birthright citizenship.
This latest ruling adds to the mounting legal obstacles facing Trump’s attempt to end birthright citizenship. With more than half a dozen lawsuits challenging the order, it is expected that the case will ultimately be decided by the U.S. Supreme Court.
A formal decision from Judge Laplante is expected by Tuesday, which may provide further insight into the legal arguments against the executive order.
As legal battles unfold, the debate over birthright citizenship continues to be a highly contentious issue in the U.S., with significant implications for immigration policy moving forward.