New Hampshire judge pauses Trump's birthright citizenship order nationwide via class action lawsuit
Concord (US), Jul 10 (AP): A federal judge in New Hampshire issued a ruling Thursday prohibiting President Donald Trump's executive order ending birthright citizenship from taking effect anywhere in the US.
Judge Joseph LaPlante issued a preliminary injunction blocking Trump's order and certified a class action lawsuit including all children who will be affected. The order, which followed an hour-long hearing, included a seven-day stay to allow for appeal.
The judge's decision puts the birthright citizenship issue on a fast track to return to the Supreme Court. The justices could be asked to rule whether the order complies with their decision last month that limited judges' authority to issue nationwide injunctions.
The class is slightly narrower than that sought by the plaintiffs, who wanted to include parents, but attorneys said that wouldn't make a material difference.
“This is going to protect every single child around the country from this lawless, unconstitutional and cruel executive order,” said Cody Wofsy, an attorney for the plaintiffs.
The lawsuit was filed on behalf of a pregnant woman, two parents and their infants. It's among numerous cases challenging Trump's January order denying citizenship to those born to parents living in the US illegally or temporarily. The plaintiffs are represented by the American Civil Liberties Union and others.
At issue is the Constitution's 14th Amendment, which states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.”
The Trump administration says the phrase “subject to the jurisdiction thereof” means the US can deny citizenship to babies born to women in the country illegally, ending what has been seen as an intrinsic part of US law for more than a century.
“Prior misimpressions of the citizenship clause have created a perverse incentive for illegal immigration that has negatively impacted this country's sovereignty, national security, and economic stability,” government lawyers wrote in the New Hampshire case.
LaPlante, who had issued a narrow injunction in a similar case, said while he didn't consider the government's arguments frivolous, he found them unpersuasive. He said his decision to issue an injunction was “not a close call” and that deprivation of US citizenship clearly amounted to irreparable harm.
“That's irreparable harm, citizenship alone,” he said. “It is the greatest privilege that exists in the world.”
During Thursday's hearing, Deputy Assistant Attorney General Eric Hamilton argued that both approving a class action and issuing an injunction would be premature, given that no one other than Trump has taken action.
He said doing so would mean a single court could become the “end-all-and-be-all” in reversing new federal policies and said if anything, the injunction should be limited to New Hampshire.
In a Washington state case before the 9th US Circuit Court of Appeals, the judges have asked the parties to write briefs explaining the effect of the Supreme Court's ruling. Washington and the other states in that lawsuit have asked the appeals court to return the case to the lower court judge.
As in New Hampshire, a plaintiff in Maryland seeks to organise a class-action lawsuit that includes every person who would be affected by the order. The judge set a Wednesday deadline for written legal arguments as she considers the request for another nationwide injunction from CASA, a nonprofit immigrant rights organisation.
Ama Frimpong, legal director at CASA, said the group has been stressing to its members and clients that it is not time to panic.
“No one has to move states right this instant,” she said. “There's different avenues through which we are all fighting, again, to make sure that this executive order never actually sees the light of day.”
The New Hampshire plaintiffs, referred to only by pseudonyms, include a woman from Honduras who has a pending asylum application and is due to give birth to her fourth child in October. She told the court the family came to the US after being targeted by gangs.
“I do not want my child to live in fear and hiding. I do not want my child to be a target for immigration enforcement,” she wrote. “I fear our family could be at risk of separation.”
Another plaintiff, a man from Brazil, has lived with his wife in Florida for five years. Their first child was born in March, and they are in the process of applying for lawful permanent status based on family ties - his wife's father is a US citizen.
“My baby has the right to citizenship and a future in the United States,” he wrote.
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Two injuries, one DNF, a DQ as India end messy World Relays campaign
Gaborone (Botswana) (PTI): Amoj Jacob and Ragul Kumar got injured during the men's 4x400m and 4x100 races respectively as India ended their World Athletics Relays campaign in disappointment on the second day of competitions here on Sunday.
The Indian camp had high hopes of making the 2027 World Championships in the men's 4x400m relay but the team did not finish (DNF) the race as Jacob suffered cramps and pulled out of the race after taking the baton from the first leg runner Dharamveer Choudhary. Rajesh Ramesh and Vishal TK were to run in the third and fourth legs.
Those teams which could not qualify for the 2027 Beijing World Championships by reaching the final round of each of the six relay events on Saturday were given another chance in the second qualification round on Sunday.
The top two teams in each of the two heats (in all six relay events) booked the Beijing ticket on Sunday.
India will now have to try and qualify for the World Championships through the Top Lists of the World Athletics, which is a long and tedious process.
In the men's 4x100m race, third leg runner Ragul Kumar fell down the track after failing to hand over the baton inside the exchange zone to fourth leg runner Gurindervir Singh, which clearly showed the lack of coordination among the runners.
Harsh Santosh Raut and Animesh Kujur ran the first two legs.
The Indian quartet was disqualified and Kumar was seen being taken away from the Field of Play with the help of the volunteers.
It was a comedy of errors in the case of the women's 4x100m race, which saw the baton being dropped during an exchange between first leg runner Tamanna and second runner Nithya Gandhe, though the Indians finished the race in 53.09 seconds.
Gandhe started running quite a distance, but after realising that the baton was not in her hand, she turned and ran back to pick it up.
The only silver-lining for the Indian contingent was the national record time in the mixed 4x100m relay race, though the quartet of Ragul Kumar, Nithya Gandhe, Animesh Kujur and Sneha SS finished sixth in heat number two with a time of 41.35 seconds, bettering the previous national mark of 42.30 seconds set in March in Chandigarh.
The mixed 4x400m relay quartet of Theerthesh P Shetty, Kumari Saloni, Nihal William and Rashdeep Kaur ended at fifth in heat number one with a time of 3 minutes and 19.40 seconds.
On Saturday, all the five Indian relay teams had failed to make it to the respective final rounds and thus missed out on the 2027 World Championships berths.
