A federal judge in New Hampshire has issued a classwide preliminary injunction blocking the enforcement of the Biden administration’s controversial executive order, “Protecting the Meaning and Value of American Citizenship.” The order, which sought to restrict the automatic granting of U.S. citizenship to certain children born on American soil, will not take effect while the case proceeds through the courts.

U.S. District Judge Joseph N. Laplante found that the petitioners, representing a class of individuals affected by the executive order, demonstrated a likelihood of success on the merits of their claims and would suffer irreparable harm if the order were enforced.

The lawsuit, filed by “Barbara” and other unnamed petitioners, challenged the executive order’s attempt to limit birthright citizenship. The court’s order specifically enjoins the U.S. Department of Homeland Security, the Department of State, the Department of Agriculture, and the Centers for Medicare and Medicaid Services from enforcing the order.

Judge Laplante’s decision emphasized that:

• The petitioners are likely to succeed on the merits.
• The harm to petitioners if the injunction were not granted outweighs any harm to the government.
• The public interest favors the issuance of the injunction.

The court provisionally certified a class consisting of all current and future persons born on or after February 20, 2025, whose mothers were either unlawfully present in the United States or lawfully present on a temporary basis, and whose fathers were not U.S. citizens or lawful permanent residents at the time of birth.

The government is expected to appeal the decision to the First Circuit Court of Appeals. In the meantime, the executive order will not be enforced, and the status quo regarding birthright citizenship remains in place.