A federal district court in New Hampshire granted certification to a nationwide class and issued a preliminary injunction (PI) on July 10 that prevents the U.S. government from implementing Executive Order 14160. EO 14160 seeks to restrict birthright citizenship to only those born to at least one U.S. citizen or legal permanent resident parent (mother or father).
The lawsuit, brought on behalf of a pregnant immigrant, immigrant parents, and their children, sought class-action designation for the children, and their parents, who were or would be born after Feb. 20, 2025, and would be impacted by the EO.
The ruling by U.S. District Judge Joseph Laplante follows the recent U.S. Supreme Court decision limiting nationwide injunctions in response to a series of injunctions issued in three separate cases filed against the EO. The Supreme Court’s decision overturned the nationwide injunction but barred the U.S. government from implementing EO 14160 for at least 30 days. It also left open the possibility of nationwide class actions as a means of seeking broader, national relief. As a result, new challenges to the EO were timely filed in federal courts.
Judge Laplante issued a temporary PI, providing the U.S. government the opportunity to appeal within seven days. The government is expected to file an expedited appeal, although similar rulings from other district court judges reviewing similar cases may further postpone the EO’s implementation.
In the instant case, the judge found that the class petitioners sufficiently demonstrated the likelihood of success on the merits of their claims and are likely to suffer irreparable harm without the order granting the motion for a class-wide preliminary injunction. However, the legality of the EO remains uncertain and will continue to be litigated in federal courts in the coming weeks and months.
Jackson Lewis attorneys are closely monitoring the progress of relevant federal lawsuits involving EO 14160 and will continue to provide updates. If you have any specific questions regarding these developments, please reach out to a Jackson Lewis immigration attorney.