A federal judge has halted President Donald Trump’s executive order seeking to end birthright citizenship, marking a major development in the ongoing legal battle over the constitutional rights of children born on U.S. soil.
Why is this happening?
On January 20, President Trump signed an executive order titled PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP. The order states that the federal government will not “issue documents recognizing United States citizenship” to any children born on American soil to parents who are either in the country unlawfully or present only temporarily.
The order represents a radical departure from more than a century of constitutional precedent and American legal tradition, rooted in the Fourteenth Amendment, which guarantees citizenship to “all persons born or naturalized in the United States.”
According to U.S. District Judge Joseph Laplante, the policy represents “an abrupt change of policy that was longstanding,” and the “deprivation of US citizenship” is “irreparable harm.” During a hearing in New Hampshire, Laplante ruled from the bench to block the order from being enforced nationwide, noting, “The preliminary injunction is just not a close call to the court” (CNN, July 2025).
How did the court come to this decision?
Instead of issuing a broad nationwide injunction, which the U.S. Supreme Court recently discouraged, Laplante certified a nationwide class action that will “be comprised only of those deprived of citizenship.” This move legally protects unborn and born children impacted by the policy, excluding parents for now due to concerns about varied immigration statuses.
Class action lawsuits, unlike injunctions, remain permissible for broad legal protection. Laplante said, “I’m the judge who wasn’t comfortable with issuing a nationwide injunction. Class action is different. The Supreme Court suggested class action is a better option” (CNN).
The urgency of the issue played a major role in the judge’s decision. The Justice Department requested time for discovery, but Laplante dismissed the idea, saying, “There’s no time for discovery” due to the risk of harm to children’s legal status.
Attorneys with the American Civil Liberties Union (ACLU), who filed the challenge, said, “No court in the country has agreed with the administration on the underlying constitutional question… Every court has said that this order is unconstitutional” (CNN).
What does this mean for Catholics?
This ruling resonates deeply with Catholic social teaching, particularly the belief in the inherent dignity of every human person and the importance of protecting the vulnerable, especially children and families. The Catechism of the Catholic Church reminds us that “the more prosperous nations are obliged, to the extent they are able, to welcome the foreigner in search of the security and the means of livelihood which he cannot find in his country of origin” (CCC 2241).
The attempt to strip children—many of whom will be born to immigrant families fleeing danger, poverty, or injustice—of their legal identity in the only country they may ever know is not just a legal issue. It is a moral one.
According to court filings, if the executive order were enforced, these children could face “stigma and potential statelessness; loss of their right to vote… and potential arrest, detention, and deportation to countries they may have never even seen.”
Judge Laplante’s words serve as a reminder: “US citizenship… is the greatest privilege that exists in the world.”
As Catholics, we are called to stand for the dignity of every child of God, regardless of the status of their parents. The legal protection of birthright citizenship honors this dignity and upholds the common good.
Let us pray that our laws continue to reflect the justice and mercy of Christ, especially for the least among us.
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