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New Hampshire judge pauses Trump’s birthright citizenship order nationwide via class action lawsuit

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New Hampshire judge pauses Trump’s birthright citizenship order nationwide via class action lawsuit
News

News

New Hampshire judge pauses Trump’s birthright citizenship order nationwide via class action lawsuit

2025-07-11 04:20 Last Updated At:04:30

CONCORD, N.H. (AP) — A federal judge in New Hampshire issued a ruling Thursday prohibiting President Donald Trump’s executive order ending birthright citizenship from taking effect anywhere in the U.S.

Judge Joseph LaPlante issued a preliminary injunction blocking Trump's order and certified a class action lawsuit including all children who will be affected. The order, which followed an hour-long hearing, included a seven-day stay to allow for appeal.

The judge’s decision puts the birthright citizenship issue on a fast track to return to the Supreme Court. The justices could be asked to rule whether the order complies with their decision last month that limited judges’ authority to issue nationwide injunctions. The Supreme Court said district judges generally can’t issue nationwide, or universal, injunctions. But it didn’t rule out whether judges could accomplish much the same thing by a different legal means, a class action.

The class approved in New Hampshire is slightly narrower than that sought by the plaintiffs, who wanted to include parents, but attorneys said that wouldn't make a material difference.

“This is going to protect every single child around the country from this lawless, unconstitutional and cruel executive order,” said Cody Wofsy, an attorney for the plaintiffs.

The lawsuit was filed on behalf of a pregnant woman, two parents and their infants. It's among numerous cases challenging Trump’s January order denying citizenship to those born to parents living in the U.S. illegally or temporarily. The plaintiffs are represented by the American Civil Liberties Union and others.

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.

LaPlante, who had issued a narrow injunction in a similar case, said while he didn’t consider the government’s arguments frivolous, he found them unpersuasive. He said his decision to issue an injunction was “not a close call” and that deprivation of U.S. citizenship clearly amounted to irreparable harm.

“That’s irreparable harm, citizenship alone,” said LaPlante. “It is the greatest privilege that exists in the world.”

White House spokesman Harrison Fields accused LaPlante, who was appointed by Republican President George W. Bush, of “abusing class action procedures.”

“The Trump Administration will be fighting vigorously against the attempts of these rogue district court judges to impede the policies President Trump was elected to implement,” he said in a statement.

During Thursday’s hearing, Deputy Assistant Attorney General Eric Hamilton argued that both approving a class action and issuing an injunction would be premature, given that no one other than Trump has taken action. He said doing so would mean a single court could become the “end-all-and-be-all” in reversing new federal policies and said if anything, the injunction should be limited to New Hampshire.

Similar cases are pending from Washington to Maryland. It’s not time to panic, said Ama Frimpong, legal director at nonprofit immigrant rights organization CASA, which is also seeking a nationwide injunction.

“No one has to move states right this instant,” she said. “There’s different avenues through which we are all fighting, again, to make sure that this executive order never actually sees the light of day.”

The New Hampshire plaintiffs, referred to only by pseudonyms, include a woman from Honduras who has a pending asylum application and is due to give birth to her fourth child in October. She told the court the family came to the U.S. after being targeted by gangs.

“I do not want my child to live in fear and hiding. I do not want my child to be a target for immigration enforcement,” she wrote. “I fear our family could be at risk of separation.”

Another plaintiff, a man from Brazil, has lived with his wife in Florida for five years. Their first child was born in March, and they are in the process of applying for lawful permanent status based on family ties — his wife's father is a U.S. citizen.

“My baby has the right to citizenship and a future in the United States,” he wrote.

FILE - Mairelise Robinson, a U.S. citizen who is 6 months pregnant, attends a protest in support of birthright citizenship, outside of the Supreme Court in Washington, May 15, 2025. (AP Photo/Jacquelyn Martin, File)

FILE - Mairelise Robinson, a U.S. citizen who is 6 months pregnant, attends a protest in support of birthright citizenship, outside of the Supreme Court in Washington, May 15, 2025. (AP Photo/Jacquelyn Martin, File)

FILE - President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025. (AP Photo/Evan Vucci, File)

FILE - President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025. (AP Photo/Evan Vucci, File)

SYDNEY (AP) — A child is one of at least 16 people killed in an attack in Australia at one of the world’s most famous beaches, officials said Monday.

Hundreds of people had gathered at Bondi Beach in Sydney for an event to celebrate the first day of Hanukkah, when gunmen opened fire.

At least 16 people are dead and 38 others injured in a terrorist attack authorities say was designed to target the Jewish community.

New South Wales Health Minister Ryan Park said the death toll had risen from 12 to 16 overnight, including a 12-year-old child.

Three other children are being treated in hospital, he said.

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

SYDNEY (AP) — Two gunmen attacked a Hanukkah celebration on Sydney's Bondi Beach on Sunday, killing at least 11 people in what Australian Prime Minister Anthony Albanese called an act of antisemitic terrorism that struck at the heart of the nation.

The massacre at one of Australia’s most popular beaches followed a wave of antisemitic attacks that have roiled the country over the past year, although the authorities didn’t suggest those and Sunday’s shooting were connected. It is the deadliest shooting in almost three decades in a country with strict gun control laws.

One gunman was fatally shot by police and the second was arrested and in critical condition, authorities said. Police said one gunman was known to security services, but there was no specific threat.

At least 29 people were confirmed wounded, including two police officers, said Mal Lanyon, police commissioner for New South Wales state, where Sydney is located.

Police said officers were examining a number of suspicious items, including improvised explosive devices found in one of the suspect’s car.

“This attack was designed to target Sydney's Jewish community,” New South Wales Premier Chris Minns said.

The violence erupted at the end of a summer day when thousands had flocked to Bondi Beach, including hundreds gathered for the Chanukah by the Sea event celebrating the start of the eight-day Hanukkah festival.

Chabad, an Orthodox Jewish movement that runs outreach around the world and sponsors public events during major Jewish holidays, identified one of the dead as Rabbi Eli Schlanger, assistant rabbi at Chabad of Bondi and an organizer of the event.

Israel’s Foreign Ministry confirmed the death of an Israeli citizen, but gave no further details.

Police said emergency services were called to Campbell Parade in Bondi about 6:45 p.m. responding to reports of shots being fired. Video filmed by onlookers showed people in bathing suits running from the water as shots rang out. Separate footage showed two men in black shirts firing with long guns from a footbridge leading to the beach, as sirens wailed and people cried out in the background.

One dramatic clip broadcast on Australian television showed a man appearing to tackle and disarm one of the gunmen, before pointing the man’s weapon at him, then setting the gun on the ground.

Minns called the man, named by relatives to Australian media as fruit shop owner Ahmed al Ahmed, a “genuine hero.”

Arsen Ostrovsky, a lawyer attending the Hanukkah ceremony with his wife and daughters, was grazed in the head by a bullet. Ostrovsky said he moved from Israel to Australia two weeks ago to work for a Jewish advocacy group.

“What I saw today was pure evil, just an absolute bloodbath. Bodies strewn everywhere,” he told The Associated Press in an email from the hospital. “It was like reliving Oct. 7 all over."

"I never thought would be possible here in Australia."

Lachlan Moran, 32, from Melbourne, told the AP he was waiting for his family when he heard shots. He dropped the beer he was carrying and ran.

"I sprinted as quickly as I could," Moran said. He said he heard shooting off and on for about five minutes. “Everyone just dropped all their possessions and everything and were running and people were crying and it was just horrible."

Albanese told reporters in the capital, Canberra, that he was “devastated” by the massacre.

“This is a targeted attack on Jewish Australians on the first day of Hanukkah, which should be a day of joy, a celebration of faith. An act of evil, antisemitism, terrorism that has struck the heart of our nation,” Albanese said.

He vowed the violence would be met with “a moment of national unity where Australians across the board will embrace their fellow Australians of Jewish faith.”

King Charles III said he and Queen Camilla were “appalled and saddened by the most dreadful antisemitic terrorist attack.” United Nations Secretary-General António Guterres said on X he was horrified, and his “heart is with the Jewish community worldwide.”

U.S. Secretary of State Marco Rubio said in a post on X: “The United States strongly condemns the terrorist attack in Australia targeting a Jewish celebration. Antisemitism has no place in this world.”

Police in cities around the world, including London, said they would step up security at Jewish sites.

Australia, a country of 28 million people, is home to about 117,000 Jews, according to official figures. Antisemitic incidents, including assaults, vandalism, threats and intimidation, surged more than threefold in the country during the year after Hamas attacked Israel on Oct. 7, 2023, and Israel launched a war on Hamas in Gaza in response, the government's Special Envoy to Combat Antisemitism Jillian Segal reported in July.

Last year, the country was rocked by antisemitic attacks in Sydney and Melbourne. Synagogues and cars were torched, businesses and homes graffitied and Jews attacked in those cities, where 85% of the nation’s Jewish population lives.

Albanese in August blamed Iran for two of the attacks and cut diplomatic ties to Tehran.

Pastor Matt Graham was conducting a service at Bondi Anglican Church when panicked people began entering for shelter. He said antisemitism has been brewing in Sydney’s eastern suburbs including Bondi, where the Jewish community is centered.

"I’m surrounded by antisemitic graffiti constantly. I think for our community in the east (of Sydney), and as a Christian, I just want to declare I stand with the people of Israel,” Graham told the Australian Broadcasting Corp.

Israel urged Australia's government to address crimes targeting Jews. Prime Minister Benjamin Netanyahu said he warned Australia’s leaders months ago about the dangers of failing to take action against antisemitism. He claimed Australia's decision — in line with scores of other countries — to recognize a Palestinian state “pours fuel on the antisemitic fire.”

“Your government did nothing to stop the spread of antisemitism in Australia ... and the result is the horrific attacks on Jews we saw today,” Netanyahu said.

Mass shootings in Australia are extremely rare. A 1996 massacre in the Tasmanian town of Port Arthur, where a lone gunman killed 35 people, prompted the government to drastically tighten gun laws, making it much more difficult to acquire firearms.

Significant mass shootings this century included two murder-suicides with death tolls of five people in 2014 and seven in 2018, in which gunmen killed their own families and themselves.

In 2022, six people were killed in a shootout between police and Christian extremists at a rural property in Queensland state.

McGuirk reported from Melbourne, Australia, and Graham-McLay from Wellington, New Zealand. Associated Press writer Melanie Lidman in Tel Aviv, Israel, and Mustakim Hasnath in London contributed to this report.

A small Christmas tree is at the center of an abandoned holiday picnic at Bondi Beach after a reported shooting in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

A small Christmas tree is at the center of an abandoned holiday picnic at Bondi Beach after a reported shooting in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Bystanders stay where police cordon off an area at Bondi Beach after a reported shooting in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Bystanders stay where police cordon off an area at Bondi Beach after a reported shooting in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers standby at Bondi Beach after a reported shooting in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers standby at Bondi Beach after a reported shooting in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach, in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

Emergency workers transport a person on a stretcher after a reported shooting at Bondi Beach, in Sydney, Sunday, Dec. 14, 2025. (AP Photo/Mark Baker)

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