A federal judge on Friday blocked the Trump administration from ending birthright citizenship for the children of parents who are in the US illegally, issuing the third court ruling blocking the birthright order nationwide since a key Supreme Court decision in June.
US District Judge Leo Sorokin, joining another district court as well as an appellate panel of judges, found that a nationwide injunction granted to more than a dozen states remains in force under an exception to the Supreme Court ruling. That decision restricted the power of lower-court judges to issue nationwide injunctions.
The states have argued Trump’s birthright citizenship order is blatantly unconstitutional and threatens millions of dollars for health insurance services that are contingent on citizenship status. The issue is expected to move quickly back to the nation’s highest court.
White House spokeswoman Abigail Jackson said in a statement the administration looked forward to “being vindicated on appeal.”
New Jersey Attorney General Matthew Platkin, who helped lead the lawsuit before Sorokin, said in a statement he was “thrilled the district court again barred President Trump’s flagrantly unconstitutional birthright citizenship order from taking effect anywhere.”
“American-born babies are American, just as they have been at every other time in our Nation’s history,” he added. “The President cannot change that legal rule with the stroke of a pen.”
Sorokin acknowledged his order would not be the last word on birthright citizenship.
The Trump administration has not yet appealed any of the recent court rulings. The president's efforts to deny citizenship to children born to parents who are in the country illegally or temporarily will remain blocked unless and until the Supreme Court says otherwise.
A federal judge in New Hampshire issued a ruling earlier this month prohibiting Trump’s executive order from taking effect nationwide in a new class-action lawsuit. US District Judge Joseph LaPlante in New Hampshire had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed, his order went into effect.
On Wednesday, a San Francisco-based appeals court found the president’s executive order unconstitutional and affirmed a lower court’s nationwide block.
A Maryland-based judge said last week that she would do the same if an appeals court signed off.
The justices ruled last month that lower courts generally can’t issue nationwide injunctions, but it didn’t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The Supreme Court did not decide whether the underlying citizenship order is constitutional.
