A federal judge in New Hampshire will hear arguments Thursday on whether to certify a class-action lawsuit that would include every baby affected by President Donald Trump's restrictions on birthright citizenship .
The lawsuit, filed on behalf of a pregnant woman, two parents and their infants, is among numerous cases challenging Trump's January order denying citizenship to those born to parents living in the U.S. illegally or temporarily. Represented by the American Civil Liberties Union and others, the plaintiffs are seeking to have their case certified as a class action and to block implementation of the order while litigation continues.
"Tens of thousands of babies and their parents may be exposed to the order's myriad harms in just weeks and need an injunction now," lawyers for the plaintiffs wrote in court documents filed Tuesday.
At issue is the Constitution's 14th Amendment, which states: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States." The Trump administration says the phrase 'subject to the jurisdiction thereof" means the U.S. can deny citizenship to babies born to women in the country illegally, ending what has been seen as an intrinsic part of U.S. law for more than a century.
"Prior misimpressions of the citizenship clause have created a perverse incentive for illegal immigration that has negatively impacted this country's sovereignty, national security, and economic stability," government lawyers wrote in the New Hampshire case. "The Constitution does not harbor a windfall clause granting American citizenship to - the children of those who have circumvented or outright defied federal immigration laws."