Federal judge blocks Trump's birthright citizenship ban for all infants, testing lower court powers

[mystery-ak]

Federal judge blocks Trump's birthright citizenship ban for all infants, testing lower court powers
U.S. District Judge Joseph LaPlante he will issue a written ruling by the end of the day further explaining his decision
By Breanne Deppisch , Andrew Fone Fox News
Published July 10, 2025 10:46am EDT | Updated July 10, 2025 10:47am EDT

A federal judge in New Hampshire on Thursday issued a preliminary injunction blocking President Donald Trump's executive order banning birthright citizenship, and granting a nationwide class certification status to all infants impacted by the order.

U.S. District Judge Joseph LaPlante said Thursday that he will issue a written ruling by the end of the day further explaining his decision. The injunction also narrows down the scope of the class to infants, removing parents from the case.

In his order, LaPlante ruled that deprivation of citizenship, as held by the 14th Amendment, and changes in longstanding policy would create "irreparable harm."

Still, the injunction is almost sure to be quickly appealed by the Trump administration. The Supreme Court heard the case earlier this year, and ruled 6-3 last month that plaintiffs seeking nationwide relief must file their cases as a class action lawsuit.

They did not, however, weigh in on the birthright citizenship issue itself.

Trump's order, signed on the first day of his second White House term, directs all U.S. government agencies to refuse to issue citizenship documents to children born to illegal immigrants, or who do not have at least one parent who is an American citizen of lawful permanent resident.

This is a breaking news story. Check back for updates.

https://www.foxnews.com/politics/federal-judge-blocks-trumps-birthright-citizenship-ban-all-infants-testing-lower-court-powers

[mystery-ak]

https://twitter.com/townhallcom/status/1943330887556272396

[rustynail]

Margot Cleveland
@ProfMJCleveland
Folks, district court blocking Birthright EO is actually a "good thing" because it provides Trump Administration mechanism to have SCOTUS provide parameters for class actions in a case where there is no immediate impact on Trump governance & that will bind other judges.

https://x.com/ProfMJCleveland/status/1943334035494678917

[Stevensr123]

“All persons  born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Seems pretty clear cut to me, even though I disagree with it.

[DB]

“All persons  born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Seems pretty clear cut to me, even though I disagree with it.

You missed this part: "and subject to the jurisdiction thereof" where "AND" is a big deal.

Citizens are subject the jurisdiction of the country they are a citizen of. For example, a person that is subject to the draft in the country they are a citizen of are subject to it regardless of what other country they may reside in. Non-citizens are not. That was plain English when this was written.

[Canuck Conservative]

You missed this part: "and subject to the jurisdiction thereof" where "AND" is a big deal

A lot of people like to ignore that part, and claim that if you're born on American soil, you're automatically an American citizen

Nope

[Bigun]

A lot of people like to ignore that part, and claim that if you're born on American soil, you're automatically an American citizen

Nope

  

[IsailedawayfromFR]

“All persons  born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Seems pretty clear cut to me, even though I disagree with it.

It is clear an illegal is not subject to the jurisdiction of this country as he is here illegally.

[Wingnut]

A lot of people like to ignore that part, and claim that if you're born on American soil, you're automatically an American citizen

Nope

As a famous American Gabby Johnson once said: "I wash born here, an I wash raished here, and dad gum it, I am gonna die here, an no sidewindin' bushwackin', hornswagglin' cracker croaker is gonna rouin me bishen cutter."

[Bigun]

“All persons  born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Seems pretty clear cut to me, even though I disagree with it.

Apparently, you have never read the legislative history; Sen. Trumbull, the phrase “subject to the jurisdiction thereof” means “subject to the complete jurisdiction thereof,” and this in turn means “not owing allegiance to anybody else.”

http://www.increasinglearning.com/blog/jurisdiction

[Fishrrman]

Folks, you can argue about this until you're blue in the face (particulary you, Bigun).

NOTHING will change until there is a definitive and clearly-understood ruling from TODAY'S Supreme Court as to whether or not the 14th amendment (perhaps the worst amendment of them all) "creates" birthright citizenship, or not.

So the Trump administration should get busy finding the right case by which to force this upon the High Court. Yes, FORCE THEM to decide.

The only OTHER WAY to fix this is to re-write the Constitution.
The revamped Constitution should clearly address and define:
- natural-born citizenship (as distinguished from any other kind of citizenship)
- what is the prerequisite for those born within the boundaries of the USA to BE "citizens"
- what "naturalized" citizenship is.

Until it's all laid out clearly and in simple language, the issue will not be resolved.

I predict that before this website closes down, the "natural born citizenship" issue will be argued about 135,325 more times...

[Bigun]

Folks, you can argue about this until you're blue in the face (particulary you, Bigun).

NOTHING will change until there is a definitive and clearly-understood ruling from TODAY'S Supreme Court as to whether or not the 14th amendment (perhaps the worst amendment of them all) "creates" birthright citizenship, or not.

So the Trump administration should get busy finding the right case by which to force this upon the High Court. Yes, FORCE THEM to decide.

The only OTHER WAY to fix this is to re-write the Constitution.
The revamped Constitution should clearly address and define:
- natural-born citizenship (as distinguished from any other kind of citizenship)
- what is the prerequisite for those born within the boundaries of the USA to BE "citizens"
- what "naturalized" citizenship is.

Until it's all laid out clearly and in simple language, the issue will not be resolved.

I predict that before this website closes down, the "natural born citizenship" issue will be argued about 135,325 more times...

Two questions for you @Fishrrman although I fully expect your usual nonresponse.

1. Who made nine unelected judges king of America?

2. Was not the executive branch made coequal to the other two in our constitution?

[IsailedawayfromFR]

Two questions for you @Fishrrman although I fully expect your usual nonresponse.

1. Who made nine unelected judges king of America?

2. Was not the executive branch made coequal to the other two in our constitution?

Well, on #1 the answer is obvious.

On #2, there is nothing in the constitution which says the three are coequal.  I believe what you mean is that they operate as equals with the checks and balances placed on each other in that document, i.e. - none are subservient to another.

Personally, I consider the Constitution made Judicial as the weakest of the three, and Congress should be considered the strongest of the three.
@Bigun

[libertybele]

Our GOP Congress needs to get busy and try to push forth an Amendment to the 14th Amendment which would clarify birthright citizenship and supersede the original amendment. 

However, we know how busy or GOP Congress isn't.

[Bigun]

Well, on #1 the answer is obvious.

On #2, there is nothing in the constitution which says the three are coequal.  I believe what you mean is that they operate as equals with the checks and balances placed on each other in that document, i.e. - none are subservient to another.

Personally, I consider the Constitution made Judicial as the weakest of the three, and Congress should be considered the strongest of the three.
@Bigun

It's obvious to some - seemingly very few - of us but the vast majority have no clue @IsailedawayfromFR .

The answer is that they have made themselves kings over time with the willing aid of politicians.

I agree with you about the congress.

[Bigun]

Our GOP Congress needs to get busy and try to push forth an Amendment to the 14th Amendment which would clarify birthright citizenship and supersede the original amendment. 

However, we know how busy or GOP Congress isn't.

Not possible in this country now @libertybele I'm sorry to say.

[Smokin Joe]

“All persons  born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Seems pretty clear cut to me, even though I disagree with it.

Not so fast. the part in red is what is the determinant that is NOT met by illegal aliens.

Because American Indians were subject to the jurisdiction of their tribes, it took an act of Congress to grant them Citizenship (1924).

If neither of the parents is a citizen and are they are not here legally, the child is subject to jurisdiction of the parent(s) country of origin, of which they are a citizen.

If your mom and dad were vacationing in France when you were born, that does not make you a French citizen.

[libertybele]

Not possible in this country now @libertybele I'm sorry to say.

It's beyond sad.  It's pathetic!