On July 10, 2025, U.S. District Judge Joseph Laplante issued a nationwide preliminary injunction blocking enforcement of President Trump's executive order seeking to restrict birthright citizenship for certain children born in the United States. The ruling followed a hearing in Concord, New Hampshire, and applies to a newly certified nationwide class of affected individuals. The court granted the Trump administration a seven-day window to appeal the order.
The injunction applies to U.S.-born children whose mothers are either unlawfully present or temporarily authorized in the United States and whose fathers are neither U.S. citizens nor lawful permanent residents. The court found that the plaintiffs demonstrated a likelihood of success on the merits, a risk of irreparable harm, and that the balance of harms and public interest supported granting relief.
As reported in a prior GT blog post, this development follows the U.S. Supreme Court's June 27 decision in Trump v. CASA, which limited the use of nationwide injunctions by federal district courts. The Court held that district courts generally may not issue relief extending beyond the named plaintiffs unless the requirements for class certification under Rule 23 of the Federal Rules of Civil Procedure are met. The Court did not rule on the merits of the underlying executive order or the constitutionality of limiting birthright citizenship.
In response to the Court's decision, a class action complaint was filed June 27 seeking nationwide relief. The district court certified the class and determined that class-wide injunctive relief was appropriate in this context. This ruling expands upon an earlier, narrower injunction issued by the same court, which had applied only to the named plaintiffs or individuals within the court's jurisdiction.
Employer Takeaway
For now, U.S. employers that receive questions from their employees should convey that all children born in the United States are U.S. citizens, regardless of their parents' immigration status. The enforcement of the executive order remains blocked nationwide pending further appeals.
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