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Home > Explainer > What Is The Status Of US Birthright Citizenship After New Hampshire Court Blocks Trump’s Executive Order?

What Is The Status Of US Birthright Citizenship After New Hampshire Court Blocks Trump’s Executive Order?

A federal judge in New Hampshire has temporarily blocked President Donald Trump’s executive order aimed at ending US birthright citizenship for certain children born in the the country, halting its implementation while courts review its legality. The ruling protects children born to immigrant parents from losing automatic citizenship, at least for now, as the Trump administration has seven days to appeal.

Published By: Zubair Amin
Last updated: July 11, 2025 11:56:39 IST

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President Donald Trump’s executive order aimed at ending US birthright citizenship for certain children born in the United States faces another challenge as a federal judge in New Hampshire has temporarily blocked. The ruling, delivered on July 10 by Judge Joseph LaPlante, prevents the Trump’s executive order from taking effect while its legality is reviewed in the US courts.

Court Gives Donald Trump’s Adminstration 7 Days To Challenge US Birthright Citizenship Ruling

Judge LaPlante announced he would certify a class-action lawsuit on behalf of all children impacted by the order. He also issued a temporary injunction, ruling that allowing the Trump administration to proceed with the policy would cause “irreparable harm” to children who would be denied US citizenship.

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LaPlante gave the Trump administration seven days to challenge his decision in the federal appeals court. If the appeals court does not intervene, his ruling will take effect next week—just ahead of July 27, when Trump’s executive order is scheduled to become active in 28 states. These states, led by Republican attorneys general, have chosen not to challenge the order in court.

What Is The Current Status of US Birthright Citizenship?

Currently children born on US automatically receive citizenship, regardless of their parents’ legal status. This principle is running for over 150 years with certain limited exceptions, such as children born to foreign diplomats.

The New Hampshire court ruling ensures that, for the time being, children born to immigrant parents in the United States continue to receive citizenship and allied benifts to it.

However, legal experts and immigrant advocates caution that this protection is only temporary and can be taken away if the executive order is not taken down.

Trump administration has repeatedly said that it remains committed to ending automatic citizenship for some children born to immigrant parents in US. 

Donald Trump’s Executive Order On US Birthright Citizenship?

After coming back to White House House for his seccond term, President Trump signed the US birthright citizenship executive order within hours, calling it a “big one.”If courts do not strike it down, it would effectively end a constitutional right that has been a cornerstone of US law for over hundred years.

The executive order faced legal challenges in supreme cout as wells as federal courts however, the final decision is yet to come.

Last month, Supreme Court struck down the nationwide injunctions that had previously blocked the executive order leaving many immigrant families in a state of uncertainty.

Impact Of US Birthright Citizenship Executive Order

The executive order, titled “Protecting the Meaning and Value of American Citizenship,” seeks to exclude two groups of newborns from receiving US birthright citizenship.

First, the infants born to a mother who is unlawfully present in US and a father who is neither a US citizen nor a permanent resident of the country.  Second, the infants born to a mother who is in the US on a temporary legal status And a father who is not a US citizen or permanent resident of the country.

In effect, the executive order would affect not only undocumented US immigrants but also people who are legally in the country  for a temporary period.

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