CONCORD, N.H. — A federal judge in New Hampshire granted class-action status Thursday to a lawsuit seeking to protect babies who would be denied birthright citizenship by the Trump administration and granted a temporary block of the president's order restricting birthright citizenship from going into effect throughout the country.
The suit was brought on behalf of a pregnant immigrant, immigrant parents and their infants and had sought class-action status for all babies and their parents around the country who would be affected by the executive order.
Cody Wofsy, the plaintiffs' lead attorney with the American Civil Liberties Union, argued for class-action status in front of U.S. District Judge Joseph Laplante on Thursday morning, saying that the plaintiffs would suffer irreparable harm by being denied birthright citizenship, a claim the judge found credible.
Laplante ordered that class-action status be certified in the case but only for the babies who would be affected by the restrictions, not for the parents.
Additionally, the judge ordered a preliminary injunction temporarily blocking President Donald Trump’s order from going into effect, but stayed his order for seven days, allowing the government time to appeal.
"This is going to protect every single child around the country from this lawless, unconstitutional and cruel executive order," Wofsy said at a news conference after the hearing.
Attorneys for the Department of Justice (DOJ) had supposed that the relief the plaintiffs were seeking was too broad and challenged whether the requirements for class-action status had been met. The department also argued that the request for the preliminary injunction and class status were premature and argued for time to appeal.
Laplante said at Thursday’s court hearing that depriving a person of the long-standing right of birthright citizenship was “irreparable harm” and that birthright citizenship was “the greatest privilege that exists in the world.”
Before Thursday’s hearing, White House spokesperson Abigail Jackson told NBC News: “The Trump Administration is committed to lawfully implementing the President’s Executive Order to protect the meaning and value of American citizenship and which restores the Fourteenth Amendment to its original intent.”
A post-hearing statement from Attorney General Pam Bondi last week following another judge's order in a separate immigration case, saying a “rogue district court judge is already trying to circumvent the Supreme Court’s recent ruling against nationwide injunctions.” Bondi added in that statement that “the American people see right through this” and that DOJ attorneys will continue to fight for Trump’s agenda to secure the U.S. border.
That statement from Bondi on July 2 was in reference to a judge in Washington, D.C., who blocked Trump’s asylum ban at the U.S.-Mexico border last week, saying the president exceeded his authority.
The White House did not immediately respond to a request for comment on the judge’s order.