NH Judge Hears Birthright Class Action 07/10 06:13

   

   CONCORD, N.H. (AP) -- A federal judge in New Hampshire will hear arguments 
Thursday on whether to certify a class-action lawsuit that would include every 
baby affected by President Donald Trump's restrictions on birthright 
citizenship.

   The lawsuit, filed on behalf of a pregnant woman, two parents and their 
infants, is among numerous cases challenging Trump's January order denying 
citizenship to those born to parents living in the U.S. illegally or 
temporarily. Represented by the American Civil Liberties Union and others, the 
plaintiffs are seeking to have their case certified as a class action and to 
block implementation of the order while litigation continues.

   "Tens of thousands of babies and their parents may be exposed to the order's 
myriad harms in just weeks and need an injunction now," lawyers for the 
plaintiffs wrote in court documents filed Tuesday.

   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. "The Constitution does not harbor a windfall 
clause granting American citizenship to ... the children of those who have 
circumvented (or outright defied) federal immigration laws."

   Legal battles continue in multiple states

   Several federal judges have issued nationwide injunctions stopping Trump's 
order from taking effect, but the U.S. Supreme Court limited those injunctions 
in a June 27 ruling that gave lower courts 30 days to act. With that time frame 
in mind, opponents of the change quickly returned to court to try to block it.

   New Jersey and the more than dozen states joining its case in Massachusetts 
federal court have asked the judge to determine if the nationwide injunction in 
their case could still apply under the high court's ruling. The judge has 
scheduled a hearing for July 18.

   "Everybody knows there's a 30-day clock, so our hope is that we get an 
answer prior to the end of the 30-day clock," New Jersey Attorney General Matt 
Platkin told The Associated Press in a recent interview.

   In a Washington state case before the 9th U.S. Circuit Court of Appeals, the 
judges have asked the parties to write briefs explaining the effect of the 
Supreme Court's ruling. Washington and the other states in that lawsuit have 
asked the appeals court to return the case to the lower court judge.

   As in New Hampshire, the plaintiff in a Maryland seeks to organize a 
class-action lawsuit that includes every person who would be affected by the 
order. The judge set a Wednesday deadline for written legal arguments as she 
considers the request for another nationwide injunction from CASA, a nonprofit 
immigrant rights organization.

   Ama Frimpong, legal director at CASA, said the group has been stressing to 
its members and clients that it is not time to panic.

   "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."

   New Hampshire plaintiffs include parents, babies

   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.