Judge Weighs Class Action on Trump Citizenship Order

A federal judge in New Hampshire is preparing to weigh arguments that could have profound consequences for thousands of families across the United States. On Thursday, the court will consider whether to certify a class-action lawsuit challenging former President Donald Trump’s order restricting birthright citizenship.

The lawsuit was filed on behalf of a pregnant woman, two families with infants, and their advocacy representatives. They are joined by advocacy groups, including the American Civil Liberties Union.  If the court grants class-action status, the case could represent all babies born in the U.S. to parents without legal status or on temporary visas who risk being denied citizenship under the order.

At the center of this legal battle is the Fourteenth Amendment of the United States Constitution, which declares that all persons born or naturalized in the U.S. are citizens. The Trump administration contends that the phrase “subject to the jurisdiction thereof” permits the government to exclude the children of undocumented immigrants from automatic citizenship. Officials claim that automatically granting citizenship creates incentives for illegal immigration and undermines national security and economic stability. 

For the families involved, the issue is deeply personal. One plaintiff, a woman from Honduras who fled gang violence and is awaiting an asylum decision, fears her soon-to-be-born child could grow up without legal protections. “I do not want my child to live in fear and hiding,” she shared in court documents.

Another plaintiff, a man from Brazil who has lived in Florida with his wife for five years, expressed similar concerns. Their baby was born in March, and the couple is working to secure lawful permanent status based on family ties to a U.S. citizen. “My baby has the right to citizenship and a future in the United States,” he said.

Although multiple federal courts have issued temporary blocks on the order, the U.S. Supreme Court recently narrowed those injunctions and gave lower courts a 30-day deadline to respond. As that clock ticks down, lawsuits in New Hampshire, Maryland, Massachusetts, and Washington are all moving quickly to try to halt enforcement.

Legal advocates have been urging families not to panic, emphasizing that no one is required to move immediately. But for many, the uncertainty has created anxiety about their children’s futures. As the New Hampshire judge considers whether to allow this lawsuit to move forward as a class action, the outcome could shape how America defines citizenship for generations to come.