The latest legal challenge to President Trump’s executive order revoking birthright citizenship swings into focus as U.S. District Judge Joseph Laplante in New Hampshire certified a nationwide class action and issued a preliminary injunction on 10 July 2025, effectively halting the policy’s implementation until further appeal. By framing the case as a class representation of affected newborns, Judge Laplante leveraged a key exception from the Supreme Court’s 27 June 2025 decision, which curtailed judges’ ability to issue universal injunctions but preserved class-action remedies.
This class-action strategy addresses an urgent constitutional concern. If enforced, the executive order would strip citizenship from around 150,000 U.S.-born infants annually whose parents are neither citizens nor permanent residents . Judge Laplante emphasised the gravity of the situation, noting that citizenship represents “the greatest privilege” and that its denial would inflict “irreparable harm” on children.
The legal manoeuvre reflects a broader pattern of federal courts continuing to block Trump-era policies, notwithstanding the Supreme Court’s procedural constraints on injunctions. Following the Court’s decision in Trump v. CASA, lower courts have revived challenges through class actions, illustrating the judiciary’s adaptability in upholding constitutional protections despite shifts in injunction authority.
Looking ahead, this injunction remains temporarily paused for seven days, allowing the government to appeal. That appeal is almost certain, as the Justice Department seeks to overturn the block, arguing that the order does not conflict with the Constitution and that class-action certification is improper .
In this unfolding legal saga, the core issue remains: whether the executive branch can reinterpret the Citizenship Clause of the 14th Amendment via executive order, bypassing legislative and judicial constraints. With constitutional principles and the rights of thousands of newborns hanging in the balance, the case is likely to ascend rapidly through the appellate system, and potentially return to the Supreme Court for a definitive judgement.
