Barbara v. Trump
{{Short description|Lawsuit}}
{{Infobox court case
| name = Barbara v. Trump
| court = United States District Court for the District of New Hampshire
| image = USDCNHseal.gif
| full name = Barbara et al v. Trump et al
| judge = Joseph Normand Laplante
| docket = [https://www.courtlistener.com/docket/70651853/barbara-v-trump/ 1:25-cv-00244-JL-AJ]
}}
Barbara v. Trump is a class action lawsuit against Executive Order 14160. President Donald Trump signed the order to place multiple restrictions on birthright citizenship, allegedly violating the 14th Amendment to the U.S. Constitution.
The lawsuit was filed the same day as the Supreme Court ruled in the case Trump v. CASA that nationwide injunctions cannot be issued by a federal district court.[https://reason.com/2025/06/27/supreme-court-rules-6-3-for-trump-limits-nationwide-injunctions-in-birthright-citizenship-case/ SCOTUS rules 6–3 for Trump, limits 'nationwide injunctions' in birthright citizenship case - Reason] As a result, the class action, similar to a nationwide injunction, was seen as the best possible method to block the order.
The lawsuit asks the U.S District Court for the District of New Hampshire to grant a class-wide injunction covering any person whose rights would be affected by the order. A similar class action case has been filed in Maryland as well.[https://thehill.com/regulation/court-battles/5373544-birthright-citizenship-class-action-supreme-court/ New push to block Trump's birthright citizenship restrictions filed - The Hill][https://www.nbcnews.com/politics/supreme-court/supreme-court-birthright-citizenship-ruling-sparks-new-legal-fights-rcna215626 Supreme Court birthright citizenship ruling sparks new round of legal fights - NBC News]
Background
On January 20, 2025, President Trump signed Executive Order 14160, "Protecting the Meaning and Value of American Citizenship", which ordered all departments of the executive branch to refuse to recognize children born to illegal immigrants or visa holders as citizens.{{Bluebook website|last=Wilson|first=Rachel|url=https://www.cnn.com/2025/02/06/us/birthright-citizenship-trump-order-maps-charts|title=What to know about Trump's birthright citizenship order, in charts and maps|date=February 6, 2025|publisher=CNN|url-access=limited}} An estimated 150,000 such children are born in the United States each year.{{Bluebook website|last=Dwyer|first=Devin|url=https://abcnews.go.com/Politics/supreme-court-weigh-blocks-trumps-order-end-birthright/story?id=121710507|title=What to know about birthright citizenship as Supreme Court weighs blocks on Trump's order to end it|date=May 14, 2025|publisher=ABC News|url-access=free}}
The order was quickly blocked by multiple universal preliminary injunctions issued by district court judges.{{Bluebook website|last=Howe|first=Amy|url=https://www.scotusblog.com/2025/03/trump-asks-supreme-court-to-step-in-on-birthright-citizenship/|title=Trump asks Supreme Court to step in on birthright citizenship|date=March 13, 2025|publisher=SCOTUSblog|url-access=free}} These cases were consolidated into Trump v. CASA. The Trump administration saught partial relief by asking the Supreme Court to limit the injunctions to the plaintiffs who were suing against the order.{{Bluebook website|last=Hurley|first=Lawrence|url=https://www.nbcnews.com/politics/supreme-court/birthright-citizenship-dispute-supreme-court-broad-implications-trumps-rcna206401|title=Birthright citizenship dispute at the Supreme Court has broad implications for Trump's agenda|date=May 14, 2025|publisher=NBC News|url-access=free}} On June 27, 2025, the Supreme Court ruled 6-3 that nationwide injunctions could not be issued by a federal district court. Justice Brett Kavanaugh appeared to endorse class-wide injunctions in his concurring opinion.
Legal action
Seeing class actions as the best means to challenge the order, the American Civil Liberties Union filed a lawsuit asking the U.S District Court for the District of New Hampshire to grant a class-wide injunction covering those who would not qualify for birthright citizenship under the executive order. CASA de Maryland filed a simular motion as well.
References
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