On July 10, 2025, a federal judge issued a ruling that once again prohibits the Trump administration from denying citizenship to certain children born in the United States. This decision invoked a legal exception to navigate around the recent US Supreme Court ruling, which had limited the authority of judges to challenge such policies on a national scale.
Background
In January 2025, President Trump signed an Executive Order that sought to restrict birthright citizenship to children with at least one parent who is a U.S. citizen or lawful permanent resident. This directive instructs federal agencies to deny citizenship to US-born children lacking a parent who meets these criteria, effectively redefining the longstanding interpretation of birthright citizenship secured under the 14th Amendment. The Executive Order faced immediate legal challenges, and several courts across various states and jurisdictions have issued injunctions, halting its enforcement pending further judicial review.
Supreme Court ruling
Following its publication, President Trump’s Executive Order faced immediate legal challenges, resulting in injunctions issued by lower court judges aimed at blocking its enforcement. These judges found that the order was likely to violate the citizenship clause of the 14th Amendment to the US Constitution. On June 27, 2025, the Supreme Court issued a ruling that curtailed the ability of federal judges to grant universal injunctions, which had previously been employed to prevent the implementation of Trump’s directive to end birthright citizenship. Nevertheless, lower courts retained the authority to block the enforcement of the Executive Order by either meeting the heightened standard established by the Supreme Court for nationwide injunctions or by certifying a nationwide class action lawsuit.
US District Judge Joseph Laplante issued a significant ruling during a hearing in Concord, New Hampshire, allowing a new group of plaintiffs to provisionally proceed as a class. This decision enables him to issue a new judicial order that blocks the implementation of the Trump administration’s policy on birthright citizenship on a national scale. The American Civil Liberties Union (ACLU) had advocated for this course of action following the US Supreme Court’s June 27 ruling, which, in a 6-3 decision, narrowed three nationwide injunctions previously granted by judges in separate challenges to the administration’s directive.
The Supreme Court’s ruling raised concerns that children born in certain regions of the United States to parents who are neither US citizens nor lawful permanent residents could be denied citizenship and face potential deportation. However, the Court’s decision included an exception for class action lawsuits seeking relief on behalf of similarly situated individuals across the country.
This ruling is not the final chapter in the ongoing legal battle over the Executive Order signed by Trump on his first day back in office in January. Judge Laplante has stayed his ruling for seven days to allow the Trump administration time to appeal, a move that a Justice Department attorney indicated would certainly occur.
As the impact of this ruling is currently evolving, Vialto will continue to monitor this issue and provide updates on any future developments or policy changes.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Manish Daftari
Partner
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