Client Alert - First in Class: New Hampshire Federal Court First to Wade Into Nationwide Birthright Citizenship Class Action
Authors: Lawyers Allison Bruff, Katherine Charonko (Electronically Stored Information Practice Group Leader), Jonathan Marshall (Contingency Area Practice Area Leader), and David Selby (Mass Torts Practice Group Leader).
On Thursday, July 10, a federal court in New Hampshire issued a preliminary injunction against the Trump administration, blocking the executive order seeking to restrict birthright citizenship rights. This appears to be the earliest instance of plaintiffs effectively obtaining a nationwide injunction against a Trump administration policy since the Supreme Court’s June 27 ruling seemingly closed the door on “universal injunctions.” In Trump v. CASA, the Supreme Court held that universal injunctions “likely exceed the equitable authority that Congress has granted to the federal courts,” effectively allowing the Trump administration to enforce the birthright citizenship executive order. 606 U. S. ____, 1 (2025).
The news first broke Thursday morning after U.S. District Judge Joseph N. LaPlante announced at a hearing his decision to certify (provisionally) a class under Federal Rule of Civil Procedure 23(a) and (b)(2) for the purpose of preliminary injunctive relief. The court’s written orders soon followed. See Orders, Barbara et al. v. Trump et al., No. 00244-JL-AJ (D.N.H. July 10, 2025), Dkt. Nos. 63–64. The class is defined as:
All current and future persons who are born on or after February 20, 2025, where (1) that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
And to be sure, the injunctive relief granted in this case is nothing short of a nationwide (effectively, universal) injunction. While the court noted that the certified class definition was narrower than that requested by plaintiffs, the court’s order uses broad language to ensure relief and protection to persons across the country and to enjoin the federal agencies from enforcing President Trump’s “Protecting the Meaning and Value of American Citizenship” executive order. The court stayed its preliminary injunction for seven days to allow for appeal. Appeals from the District of New Hampshire are taken to the Boston-based U.S. Court of Appeals for the First Circuit.
Many predicted that litigants would pivot to class actions in the wake of Trump v. CASA as an alternative means of seeking relief for those whose rights are most at risk under the Trump administration’s birthright citizenship order. They were right. As one legal scholar asked after Trump v. CASA: “Can plaintiffs reliably use the nationwide injunctive class action – including the pre-certification injunction protecting a putative class – to achieve the same result?” Mila Sohoni, Trump v. CASA and the future of the universal injunction, SCOTUSblog (Jul. 2, 2025, 1:51 PM).
Last week’s ruling will bring plaintiffs some optimism. But whether the court’s ruling will stand up under appellate scrutiny, or whether future plaintiffs “reliably” find such relief, remains to be seen. For now, the class action bar – including Bailey Glasser attorneys with years of experience and success litigating class actions in state and federal courts – will surely keep a close eye on further developments. Our attorneys stand ready to offer their class action expertise.
