A federal judge, appointed by former President George W. Bush, has blocked President Donald Trump’s executive order ending birthright American citizenship for the United States-born children of illegal aliens.
On Thursday, Judge Joseph LaPlante of the United States District Court for the District of New Hampshire granted a classwide preliminary injunction to illegal aliens who have sued the Trump administration over the order.
The lawsuit is linked to George and Alex Soros’s Open Society Foundations, Breitbart News revealed in April.
“After careful consideration of the parties’ submissions, the supporting declarations, the applicable law, and the filings and record in this case, the court GRANTS Petitioners’ Motion for a Classwide Preliminary Injunction,” LaPlante wrote:
The court hereby finds that Class Petitioners have demonstrated likelihood of success on the merits of their claims; that Class Petitioners are likely to suffer irreparable harm if the order is not granted; that the potential harm to the class petitioners if the order is not granted outweighs the potential harm to Respondents if the order is granted; and that the issuance of this order is in the public interest. [Emphasis added]
Pursuant to Federal Rule of Civil Procedure 65(a), this court orders that the U.S. Department of Homeland Security; the Secretary of the Department of Homeland Security, in their official capacity; the U.S. Department of State; the Secretary of the U.S. Department of State, in their official capacity; the U.S. Department of Agriculture; the Secretary of the U.S. Department of Agriculture, in their official capacity; the Centers for Medicare and Medicaid Services; and the Administrator for the Centers for Medicare and Medicaid Services, in their official capacity are enjoined and restrained from enforcing the Executive Order “Protecting the Meaning and Value of American Citizenship.” The court requires a nominal bond of $1 under Fed. R. Civ. P. 65(c). This preliminary injunction is STAYED for seven (7) days pending appeal. [Emphasis added]
After careful consideration of the parties’ submissions, the supporting declarations, the applicable law, and the filings and record in this case, the court GRANTS Petitioners’ Motion for Provisional Class Certification and Appointment of Class Counsel. [Emphasis added]
The Court hereby finds that Petitioners have satisfied the requirements for provisional class certification under Federal Rules of Civil Procedure 23(a) and (b)(2).Specifically, Petitioners have demonstrated that (1) members of the proposed class are so numerous that joinder is impracticable; (2) there are questions of law and fact common to the class; (3) the claims of the petitioners are typical of the claims of the class members; and that (4) Petitioners and their counsel, as representatives of the class, will fairly and adequately protect the interests of the class. Additionally, this court provisionally finds that Respondents have acted on grounds generally applicable to the class in its entirety, thereby making appropriate final injunctive and declaratory relief for all class members. Because this certification is provisional, final relief is not granted at this time. In light of the above, this court grants the petitioners’ motion and provisionally certifies the following class for the purpose of preliminary injunctive relief: All current and future persons who are born on or after February 20, 2025, where (1) that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth. [Emphasis added]
Last month, the Supreme Court of the United States (SCOTUS) ruled that lower district courts cannot simply issue nationwide injunctions and can only apply their judgments beyond the areas of their jurisdiction if the plaintiffs can file their complaints in the form of a class action, demonstrating common injuries.
As a result, plaintiffs in the birthright citizenship case sought class certification from the court so that they could fight to have the order halted.
Immediately after taking office, Trump signed an executive order ending birthright citizenship for the U.S.-born children of illegal aliens — a policy once also opposed by Democrats. Annually, about 250,000 anchor babies are born in the U.S. every year, anchoring their illegal alien parents in the country.
John Binder is a reporter for Breitbart News. Email him at [email protected]. Follow him on Twitter here.
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