Trump's birthright citizenship order remains blocked as lawsuits march on after Supreme Court ruling

BOSTON (AP) — President Donald Trump's plan to end birthright citizenship for the children of people who are in the U.S. illegally will remain blocked as an order from one judge went into effect Friday and another seemed inclined to follow suit.

U.S. District Judge Joseph LaPlante in New Hampshire had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed in the last week his order went into effect.

“The judge’s order protects every single child whose citizenship was called into question by this illegal executive order," Cody Wofsy, the ACLU attorney representing children who would be affected by Trump’s restrictions, said. “The government has not appealed and has not sought emergency relief so this injunction is now in effect everywhere in the country.”

The Trump administration could still appeal or even ask that LaPlante’s order be narrowed but the effort to end birthright citizenship for children of parents who are in the U.S. illegally or temporarily can’t take effect for now.

The Justice Department didn't immediately return a message seeking comment.

Meanwhile, a judge in Boston heard arguments from more than a dozen states who say Trump’s birthright citizenship order is blatantly unconstitutional and threatens millions of dollars for essential services. The issue is expected to move quickly back to the nation’s highest court.

U.S. District Judge Leo Sorokin was asked to consider either keeping in place the nationwide injunction he granted earlier or consider a request from the government either to narrow the scope of that order or stay it altogether. Sorokin, located in Boston, did not immediately rule but seemed to be receptive to arguments from states to keep the injunction in place.

Lawyers for the government had argued Sorokin should narrow the reach of his earlier ruling granting a preliminary injunction, arguing it should be “tailored to the States’ purported financial injuries.”

Much of the hearing was focused on what a narrower ruling would look like. The plaintiffs raised concerns that some alternatives floated by the Trump administration — such as giving children in states impacted by the birthright citizenship order social security numbers, but not citizenship — would be costly and unworkable.

They said such a system would burden these states with having to set up new administrative systems, sow confusion among the parents whose children are impacted and possibly turn these states into magnets for families from other states looking to access the benefits.

Government lawyers didn't seem tied to any one alternative, but told Sorokin the scope of his injunction should be limited. When pressed on how they would do that, a lawyer for the government, Eric Hamilton, would only commit to complying with whatever order was issued.

“If the court modifies the preliminary injunction or stays the preliminary injunction, it should be at most tailored to injuries plaintiffs are alleging which are primary financial,” Hamilton said.

Sorokin pushed back, at one point using an analogy of someone who sued a neighbor over loud music. The defendant offers to build a wall to limit the noise but Sorokin wondered how they could ensure it met the zoning code and was something the defendant could afford.

“What you are telling me is we will do it but, in response to my question, you have no answer how you will do it,” Sorokin said.

LaPlante issued the ruling last week p rohibiting Trump’s executive order from taking effect nationwide in a new class-action lawsuit, and a Maryland-based judge said this week that she would do the same if an appeals court signed off.

The justices ruled last month that lower courts generally can’t issue nationwide injunctions, but it didn’t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The Supreme Court did not decide whether the underlying citizenship order is constitutional.

At the heart of the lawsuits is the 14th Amendment to the Constitution, which was ratified in 1868 after the Civil War and the Dred Scott Supreme Court decision. That decision found that Scott, an enslaved man, wasn’t a citizen despite having lived in a state where slavery was outlawed.

The Trump administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship.

FILE - Hannah Liu, 26, of Washington, holds up a sign in support of birthright citizenship, May 15, 2025, outside of the Supreme Court in Washington. "This is enshrined in the Constitution. My parents are Chinese immigrants," says Liu. "They came here on temporary visas so I derive my citizenship through birthright." (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)

TRENTON, N.J. (AP) — Richard “Dick” Codey, a former acting governor of New Jersey and the longest serving legislator in the state's history, died Sunday. He was 79.

Codey’s wife, Mary Jo Codey, confirmed her husband’s death to The Associated Press.

“Gov. Richard J. Codey passed away peacefully this morning at home, surrounded by family, after a brief illness,” Codey's family wrote in a Facebook post on Codey's official page.

"Our family has lost a beloved husband, father and grandfather -- and New Jersey lost a remarkable public servant who touched the lives of all who knew him," the family said.

Known for his feisty, regular-guy persona, Codey was a staunch advocate of mental health awareness and care issues. The Democrat also championed legislation to ban smoking from indoor areas and sought more money for stem cell research.

Codey, the son of a northern New Jersey funeral home owner, entered the state Assembly in 1974 and served there until he was elected to the state Senate in 1982. He served as Senate president from 2002 to 2010.

Codey first served as acting governor for a brief time in 2002, after Christine Todd Whitman’s resignation to join President George W. Bush’s administration. He held the post again for 14 months after Gov. Jim McGreevey resigned in 2004.

At that time, New Jersey law mandated that the Senate president assume the governor’s role if a vacancy occurred, and that person would serve until the next election.

Codey routinely drew strong praise from residents in polls, and he gave serious consideration to seeking the Democratic nomination for governor in 2005. But he ultimately chose not to run when party leaders opted to back wealthy Wall Street executive Jon Corzine, who went on to win the office.

Codey would again become acting governor after Corzine was incapacitated in April 2007 due to serious injuries he suffered in a car accident. He held the post for nearly a month before Corzine resumed his duties.

After leaving the governor’s office, Codey returned to the Senate and also published a memoir that detailed his decades of public service, along with stories about his personal and family life.

“He lived his life with humility, compassion and a deep sense of responsibility to others,” his family wrote. “He made friends as easily with Presidents as he did with strangers in all-night diners.”

Codey and his wife often spoke candidly about her past struggles with postpartum depression, and that led to controversy in early 2005, when a talk radio host jokingly criticized Mary Jo and her mental health on the air.

Codey, who was at the radio station for something else, confronted the host and said he told him that he wished he could “take him outside.” But the host claimed Codey actually threatened to “take him out,” which Codey denied.

His wife told The Associated Press that Codey was willing to support her speaking out about postpartum depression, even if it cost him elected office.

“He was a really, really good guy,” Mary Jo Codey said. “He said, ‘If you want to do it, I don’t care if I get elected again.’”

Jack Brook contributed reporting from New Orleans.

FILE - New Jersey State Sen. and former Democratic Gov. Richard Codey is seen before New Jersey Gov. Phil Murphy delivers his State of the State address to a joint session of the Legislature at the statehouse, in Trenton, N.J., Tuesday, Jan. 10, 2023. (AP Photo/Matt Rourke, File)