- A federal court in New Hampshire has blocked enforcement of the Trump administration’s birthright citizenship executive order.
- Judge Kelante issued a classwide preliminary injunction in the case of “Barbara, et al. v. Trump.”
- The court found the petitioners likely to succeed on the merits and to suffer irreparable harm if the order were enforced.
- The injunction is stayed for 7 days to allow the administration to appeal.
- Several federal agencies, including DHS and State Department, are barred from enforcing the executive order.
A federal judge in New Hampshire has halted the Trump administration’s attempt to restrict birthright citizenship, issuing a sweeping preliminary injunction that blocks federal agencies from enforcing the executive order titled “Protecting the Meaning and Value of American Citizenship.”
The ruling came in the case Barbara, et al. v. Donald J. Trump, in which a class of petitioners challenged the legality of the administration’s attempt to reinterpret the 14th Amendment. U.S. District Judge Kelante granted the petitioners’ motion for a classwide injunction, citing a strong likelihood of success on the merits and the risk of irreparable harm if the order were enforced.
Judge Finds “Public Interest” Supports the Injunction
“The court hereby finds that Class Petitioners have demonstrated likelihood of success on the merits… and that the issuance of this order is in the public interest,” the ruling states. The court also determined that the harm to petitioners outweighed any potential harm to the federal government from pausing the order’s enforcement.
The injunction, issued under Rule 65(a) of the Federal Rules of Civil Procedure, temporarily restrains the Department of Homeland Security, Department of State, Department of Agriculture, and the Centers for Medicare and Medicaid Services — and their leadership — from taking any steps to enforce the executive order.
Legal and Political Ramifications
The executive order — a cornerstone of President Trump’s 2025 immigration agenda — sought to revoke birthright citizenship for children born in the U.S. to undocumented parents. Civil rights advocates swiftly challenged the directive, calling it unconstitutional and in violation of long-established Supreme Court precedent.
The court’s decision marks a significant legal defeat for the administration, although the ruling is not final. The injunction has been stayed for seven days to allow the government time to appeal.
The certified class covered by the injunction was narrowed by the court from the group originally proposed by petitioners, though details of the reduction were not specified in the brief court order.
Agencies Affected
The ruling explicitly bars the following agencies and officials from enforcing the order in any capacity:
- U.S. Department of Homeland Security
- Secretary of Homeland Security
- U.S. Department of State
- Secretary of State
- U.S. Department of Agriculture
- Secretary of Agriculture
- Centers for Medicare and Medicaid Services
- CMS Administrator
The court set a nominal bond of $1 as a condition for issuing the preliminary injunction, as permitted under Rule 65(c).
📄 Read the full court order: View Document (PDF)
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