Concord, Jul 10 (AP) A federal judge in New Hampshire is set to hear arguments on Thursday regarding a potential class-action lawsuit that could encompass all infants impacted by former President Donald Trump's birthright citizenship restrictions.
The lawsuit, representing a pregnant woman, two parents, and their infants, is one of several legal challenges against Trump's January directive that denies citizenship to children born to parents who are living in the U.S. illegally or temporarily.
Supported by the American Civil Liberties Union and others, the plaintiffs are advocating for the case to be recognized as a class action while seeking to halt the enforcement of the order during ongoing litigation.
"Thousands of babies and their parents could be vulnerable to the harms of this order within weeks and urgently require an injunction," attorneys for the plaintiffs stated in court documents filed on Tuesday.
The central issue is the 14th Amendment of the U.S. Constitution, which declares, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” The Trump administration argues that the phrase “subject to the jurisdiction thereof” permits the U.S. to deny citizenship to children born to those in the country illegally, thereby altering what has long been considered an essential element of U.S. law.
"Previous misinterpretations of the citizenship clause have provided a flawed incentive for illegal immigration, adversely affecting this nation's sovereignty, national security, and economic stability," government lawyers argued in the New Hampshire case.
"The Constitution does not include a windfall clause granting American citizenship to the children of those who have circumvented or defied federal immigration laws.”
Legal disputes are unfolding across various states. Several federal judges have already issued nationwide injunctions to prevent Trump's order from being implemented, but the U.S. Supreme Court, in a June 27 ruling, restricted those injunctions, giving lower courts 30 days to make decisions. Fueled by this timeline, opponents quickly resumed court actions to prevent the directive.
New Jersey, along with more than a dozen states aligned in a Massachusetts federal court case, has requested the judge to determine whether their nationwide injunction remains applicable under the Supreme Court's decision. The judge has set a hearing for July 18.
"We're all aware of the 30-day deadline, so ideally, we want a resolution before it expires," stated New Jersey Attorney General Matt Platkin in a recent interview with The Associated Press.
In a Washington state case before the 9th U.S. Circuit Court of Appeals, the judges called upon the involved parties to submit briefs detailing the implications of the Supreme Court's decision. Washington, alongside other states in that legal proceeding, has requested the appeals court to return the issue to the lower court judge.
Similar to New Hampshire, a plaintiff in Maryland is attempting to establish a class-action lawsuit encompassing all individuals who could be affected by the directive. The judge assigned a Wednesday deadline for submission of written legal arguments while considering another nationwide injunction sought by CASA, a nonprofit immigrant rights group.
Ama Frimpong, CASA's legal director, emphasized to members and clients the importance of remaining calm.
"There's no immediate need for anyone to relocate," she noted. "We have multiple strategies in place to ensure that this executive order remains unenforced."
The New Hampshire plaintiffs, anonymously referred to by pseudonyms, include a woman from Honduras, who has an active asylum application and is due to give birth to her fourth child in October. She testified that her family came to the U.S. after being threatened by gangs.
"I don't want my child to live in fear and hiding. I don't want my child to be vulnerable to immigration enforcement," she stated. "I worry about the risk of our family being separated."
Another plaintiff, a Brazilian man, has resided in Florida with his wife for five years. Their first child was born in March, and they are actively pursuing permanent residency based on family ties, as his wife’s father is a U.S. citizen.
"My baby deserves the right to citizenship and a future in the United States," he wrote. (AP) GRS GRS
(Only the headline of this report may have been reworked by Editorji; the rest of the content is auto-generated from a syndicated feed.)
