WASHINGTON (NewsNation) — A third federal judge on Monday blocked President Donald Trump’s executive order ending birthright citizenship for children who are in the U.S. illegally.
The ruling from U.S. District Judge Joseph N. Laplante in New Hampshire comes after two similar rulings by judges in Seattle and Maryland last week.
A lawsuit filed by the American Civil Liberties Union contends that Trump’s order violates the Constitution and “attempts to upend one of the most fundamental American constitutional values.”
Trump’s Republican administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore are not entitled to citizenship.
The administration is appealing the Seattle judge’s block on Trump’s executive order.
The ruling comes as the administration’s efforts to dismantle government agencies and the federal workforce are being held up in the courts. Judges have issued rulings temporarily blocking a deadline for mass buyouts for federal employees and an effort to place U.S. Agency for International Development workers on leave. A judge will review the legality of these changes Monday.
Birthright citizenship battle
The ACLU of New Hampshire filed a lawsuit calling for a judge to block the executive order on birthright citizenship, arguing it violates the 14th Amendment, endangers newborn babies and goes against core American values.
At the heart of the lawsuits in the three cases is the 14th Amendment to the Constitution, ratified in 1868 after the Civil War and the Dred Scott Supreme Court decision, which held that Scott, an enslaved man, was not a citizen despite having lived in a state where slavery was outlawed.
Twenty-two states and several organizations have banded together to challenge the order in cases nationwide.
The judges in the Maryland and Washington state cases issued indefinite injunctions against the policy change, calling it unconstitutional.
A judge in Boston said Friday he would take a request from 18 state attorneys general to block the order under advisement.
In 1898, in a case known as United States v. Wong Kim Ark, the U.S. Supreme Court found the only children who did not automatically receive U.S. citizenship upon being born on U.S. soil were children of diplomats, who had allegiance to another government; enemies present in the U.S. during hostile occupation; those born on foreign ships; and those born to members of sovereign Native American tribes.
The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli, or “right of the soil” — is applied.
Federal buyout deadline
A federal judge will hear arguments Monday over the legality of the Trump administration’s buyout offer to nearly 2 million United States federal employees.
The American Foreign Service Association and the American Federation of Government Employees filed a lawsuit arguing the buyout is unconstitutional, asserting that only Congress has the authority to approve such measures.
This buyout plan is part of Trump’s broader effort to reduce the federal workforce by offering workers up to eight months of pay and benefits to leave their government jobs. It also aligns with Trump’s efforts to cut staffing for U.S. aid projects worldwide as part of the administration’s efforts to dismantle USAID.
So far, more than 65,000 workers, about 2.5% of the federal civilian workforce, have accepted the buyout.
Federal workers have until 11:59 p.m. Monday to decide whether to accept the offer.
Musk estimates the reductions could save $100 billion based on the average government salary, which is around six figures.
Trump criticized the judge’s decision to restrict DOGE’s access, calling it “a disgrace” late Sunday.
“We’re very disappointed with the judges that would make such a ruling, but we have a long way to go,” Trump told reporters aboard Air Force One while he flew from Florida to New Orleans to attend the Super Bowl. “No judge should frankly be allowed to make that kind of a decision. It’s a disgrace,” he said.
Musk reiterates attack on judges
Early Saturday, U.S. District Judge Paul A. Engelmayer issued a preliminary injunction after 19 Democratic attorneys general filed a lawsuit alleging the Trump administration allowed Musk’s team access to the Treasury Department’s central payment system in violation of federal law.
The payment system handles tax refunds, Social Security benefits, veterans’ benefits and much more, sending out trillions of dollars annually while containing an expansive network of Americans’ personal and financial data. A hearing is set for Feb. 14.
Musk and his team said they are simply working to identify waste and abuse in government systems at the direction of the president.
Early Monday, Musk reiterated his calls from over the weekend, writing in a social media post that “it’s time” to impeach federal judges.
He also accused the Federal Emergency Management Agency of sending $59 million to luxury hotels housing illegal migrants last week and said his Department of Government Efficiency will work to recoup those funds, which he said were illegally spent.
The Associated Press contributed to this report.