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The Supreme Court Limited Lower Courts' Power to Stop Trump's Lawlessness. A Judge Is Trying Another Way.
Last month, the Supreme Court limited the use of nationwide injunctions, which allow judges to block policies they have found unlawful from going into effect nationwide. Now a New Hampshire judge is road-testing a substitute: He has temporarily blocked Donald Trump’s birthright citizenship executive order by certifying a class action to cover babies born in all 50 states.
This marks the next stage of a messy legal fight that raises new questions about how to apply the Supreme Court’s decision in Trump v. CASA, and the degree to which class-action lawsuits can allow the lower courts to serve as a check on the executive branch’s power.
Plus, a new court document appears to upend the Trump administration’s long-standing claim that it has no jurisdiction over the Venezuelan migrants it removed to El Salvador four months ago.
Here’s the immigration news we’re keeping an eye on this week:
A New Method to Block Trump’s Birthright Citizenship Executive Order
On Thursday, U.S. District Court Judge Joseph Laplante granted class action status to a group of immigrant mothers with children who stand to be impacted by Trump’s birthright citizenship executive order.
Laplante granted the plaintiffs class action status but also extended the class to include all current and future babies born on or after Feb. 20, 2025, to a mother without legal status and a father who is not a U.S. citizen or lawful permanent resident at the time of their baby’s birth. Mothers lawfully present in the U.S. but only temporarily—tourists and other visa holders—are also included.
This marks the next stage of a messy legal fight that raises new questions about how to apply the Supreme Court’s decision in Trump v. CASA, and the degree to which class-action lawsuits can allow the lower courts to serve as a check on the executive branch’s power.
Plus, a new court document appears to upend the Trump administration’s long-standing claim that it has no jurisdiction over the Venezuelan migrants it removed to El Salvador four months ago.
Here’s the immigration news we’re keeping an eye on this week:
A New Method to Block Trump’s Birthright Citizenship Executive Order
On Thursday, U.S. District Court Judge Joseph Laplante granted class action status to a group of immigrant mothers with children who stand to be impacted by Trump’s birthright citizenship executive order.
Laplante granted the plaintiffs class action status but also extended the class to include all current and future babies born on or after Feb. 20, 2025, to a mother without legal status and a father who is not a U.S. citizen or lawful permanent resident at the time of their baby’s birth. Mothers lawfully present in the U.S. but only temporarily—tourists and other visa holders—are also included.
https://slate.com/news-and-politics/2025/07/trump-judge-blocks-executive-order-birthright-citizenship-el-salvador.html]