Trump birthright citizenship executive order blocked by third federal judge

A third federal judge has temporarily blocked President Donald Trump’s executive order ending birthright citizenship for children of illegal immigrants.

The ruling from U.S. District Judge Joseph N. Laplante in New Hampshire follows similar rulings from judges in Washington and Maryland.

Trump’s executive order is seeking to clarify the 14th Amendment, which states: “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.”

Trump’s order essentially withholds citizenship for the American-born children of illegal immigrants. Critics contend that Trump exceeded his authority with this order.

TRUMP ADMINISTRATION APPEALS RULING BLOCKING BIRTHRIGHT CITIZENSHIP ORDER

President Donald Trump speaks to reporters aboard Air Force One as he prepares to sign a proclamation declaring Feb. 9 Gulf of America Day. (AP/Ben Curtis)

The lawsuit filed by the American Civil Liberties Union on the day of Trump’s inauguration said, “Birthright citizenship embodies America’s most fundamental promise: that all children born on our soil begin life as full and equal members of our national community, regardless of their parents’ origins, status, or circumstances” and that “[t]his principle has enabled generations of children to pursue their dreams and build a stronger America.”

The complaint asked the U.S. District Court for the District of New Hampshire to “[d]eclare that the Executive Order is unconstitutional and unlawful in its entirety.

“After careful consideration of the parties’ submissions, the supporting declarations, the applicable law, and the filings and record in this case, the court GRANTS Plaintiffs’ Motion for Preliminary Injunction,” Laplante, an appointee of former President George W. Bush, wrote in his ruling.

MAGA LAW GROUP FILES BRIEFS IN SUPPORT OF TRUMP EXECUTIVE ORDER ENDING BIRTHRIGHT CITIZENSHIP

“The court hereby finds that Plaintiffs have demonstrated a likelihood of success on the merits of their claims; that Plaintiffs are likely to suffer irreparable harm if the order is not granted; that the potential harm to the Plaintiffs if the order is not granted outweighs the potential harm to Defendants if the order is granted; and that the issuance of this order is in the public interest,” he added.

In Maryland, U.S. District Judge Deborah Boardman, an appointee of former President Joe Biden, wrote in her ruling last week, “Citizenship is a most precious right, expressly granted by the Fourteenth Amendment to the Constitution.”

President Donald Trump stands with his daughter Ivanka Trump before the NFL Super Bowl 59 football game between the Kansas City Chiefs and the Philadelphia Eagles, on Sunday, Feb. 9, 2025, in New Orleans.  (AP/George Walker IV)

In Washington, U.S. District Judge John C. Coughenour, an appointee of former President Ronald Reagan, said, “The president cannot change, limit, or qualify this Constitutional right via an executive order.”

“It has become ever more apparent that, to our president, the rule of law is but an impediment to his policy goals. The rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain,” Coughenour added while announcing his ruling from a Seattle courtroom. 

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The Trump administration is appealing Coughenour’s ruling.

Fox News’ Anders Hagstrom, Louis Casiano and David Spunt contributed to this report.