Third Federal Judge Halts Trump’s Birthright Citizenship Directive
Judges in Seattle and Maryland issued two similar decisions.
A third federal judge has intervened, blocking President Donald Trump’s order regarding birthright citizenship from being implemented as of Monday.
The federal administration seeks to limit the expansive recognition of birthright citizenship, proposing to exclude children born to undocumented immigrants and those merely visiting the U.S. temporarily.
Judge Joseph N. Laplante of the U.S. District Court in New Hampshire issued this ruling following two analogous decisions from judges in Seattle and Maryland the previous week.
“I’m going to grant the injunction,” Laplante stated during a hearing on February 10, supporting the plaintiff, the New Hampshire Indonesian Community Support, a group advocating for immigrant rights.
The judge noted that he entered the hearing with the intention of granting the motion but wanted to allow both parties a chance to present their arguments. While he stated that nothing particularly surprising came to light, he acknowledged that the government’s position wasn’t entirely without merit, in his view.
“I’m not convinced by the defendant’s arguments in this case regarding this motion. Obviously, I’m not, as I’m granting the injunction,” Laplante remarked. “However, I must say, as a lawyer or a jurist, I’m not offended by their stance either.”
Deputy Assistant Attorney General Drew Ensign representing the Justice Department contended that the United States experiences harm whenever it is compelled to recognize anyone as a citizen without its consent.
Ensign also argued that the court would infringe on the nation’s sovereignty by determining who the government must acknowledge as a citizen.
Cody Wofsy, an attorney from the American Civil Liberties Union representing the plaintiff, countered that assertion.
“It would be extremely harmful to the foundational principle of separation of powers to assert that if the president is violating federal statutes, then the courts lack the authority to intervene. This core principle has been upheld repeatedly in various cases,” Wofsy stated.
The judge indicated he would promptly file the order granting the injunction, with a more comprehensive explanation of his rationale to follow on February 11.
This is a developing story and will be updated.