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A Major Legal Victory for Birthright Citizenship
On July 10, 2025, U.S. District Judge Joseph Laplante issued a nationwide preliminary injunction against Executive Order 14160, President Donald Trump’s attempt to end birthright citizenship for children born to non-citizen parents in the United States (AP News). This ruling blocks implementation of the order, which was set to deny automatic citizenship to children born after February 19, 2025, unless both parents were U.S. citizens or lawful permanent residents.
This historic decision protects the constitutional guarantee under the Fourteenth Amendment, which affirms that “all persons born or naturalized in the United States” are citizens.
Executive Order 14160: A Direct Challenge to the 14th Amendment
President Trump signed Executive Order 14160 on January 20, 2025, just hours into his second term. The order argued that children born to undocumented immigrants or temporary visa holders were not “subject to the jurisdiction” of the United States—a reinterpretation of the Citizenship Clause of the 14th Amendment (Wikipedia).
The legal implication of this reinterpretation was enormous, threatening to strip citizenship from thousands of children born on U.S. soil.
The Legal Battle: Barbara v. Trump
In response, the American Civil Liberties Union (ACLU) filed a class-action lawsuit titled Barbara v. Trump, representing a broad class of children—both born and unborn—who would be denied citizenship under the executive order (Time).
Judge Laplante’s ruling granted:
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Class certification, allowing the lawsuit to represent all similarly affected children
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A preliminary injunction, halting the order from taking effect nationwide
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A seven-day stay, allowing the government time to appeal
Though the ACLU also sought to include parents in the class, the judge determined that protecting the legal rights of the children alone was constitutionally sufficient.
Legal Significance: Aligning with Supreme Court Precedent
This injunction is the first major ruling applying the Supreme Court’s June 2025 decision in Trump v. CASA, which limited the use of nationwide injunctions unless they stemmed from class actions. By certifying the class, Judge Laplante aligned the case with those new legal requirements, ensuring broad protection without running afoul of recent Supreme Court doctrine (Wikipedia).
The judge rejected government arguments that relief should be limited to New Hampshire, emphasizing that denying citizenship poses an irreparable constitutional harm that justifies broad legal protection.
What Comes Next: A Likely Supreme Court Showdown
Legal experts predict the case will rapidly move toward the U.S. Supreme Court, where the core question—whether the Constitution protects birthright citizenship for all born on U.S. soil—will finally be addressed head-on.
This case also sets the stage for the Court to reaffirm or potentially revisit its landmark 1898 decision in United States v. Wong Kim Ark, which established birthright citizenship for children of foreign nationals.
How Spar & Bernstein Can Help Families Affected
At Spar & Bernstein, our experienced immigration attorneys are prepared to support families concerned about their child’s citizenship status. With this litigation far from over, and the potential for further executive or judicial shifts, families need clear guidance.
Our firm offers:
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Legal consultations on birthright citizenship and family status
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Strategic advice tailored to families awaiting children born after February 19, 2025
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Advocacy for immigrants affected by constitutional challenges to long-standing protections
We are monitoring developments closely and ready to act as a legal ally to safeguard your rights and your family’s future.
A Constitutional Win, But the Fight Continues
Judge Laplante’s July 10 injunction marks a critical victory for immigrant families and the constitutional principle of jus soli—the right to citizenship by birthplace. While this decision temporarily blocks the most aggressive reinterpretation of the 14th Amendment in modern history, ongoing litigation and appeals will determine whether this right is ultimately preserved at the highest level.
At Spar & Bernstein, we remain committed to defending this foundational guarantee and ensuring every U.S.-born child receives the protection our Constitution promises.