Labor & Employment Law Daily Wrap Up, IMMIGRATION NEWS—Another district court blocks birthright citizenship EO, stays preliminary injunction for seven days pending appeal, (Jul 11, 2025)

By Brandi O. Brown, J.D.

In late June, the U.S. Supreme Court had partially stayed a nationwide injunction against the same EO.

In a recent decision, stemming from appeals from three different district court decisions, the U.S. Supreme Court placed limits on nationwide federal district court injunctions blocking implementation of President Trump’s arguably unconstitutional Executive Order No. 14160, which purported to remove the Fourteenth Amendment’s protections of birthright citizenship, holding that universal injunctions likely exceed the equitable authority that Congress granted federal courts in the Judiciary Act of 1789.

Granted, stayed pending appeal. Now, the District of New Hampshire has granted a motion by petitioners in a new lawsuit, filed the same day as the Supreme Court’s decision, for a class-wide preliminary injunction against EO 14160, finding that the class petitioners had “demonstrated likelihood of success on the merits of their claims; that Class Petitioners are likely to suffer irreparable harm if the order is not granted; that the potential harm to the class petitioners if the order is not granted outweighs the potential harm to Respondents if the order is granted; and that the issuance of this order is in the public interest.” At the same time, the district court stayed the preliminary injunction for seven days pending appeal.

The court also granted their motion for provisional class certification and appointment of class counsel. The class certified for the purpose of preliminary injunctive relief includes:

“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.”

The case is No. 25-cv-244-JL-AJ.

Florida decision. Earlier this week, the U.S. Supreme Court made another immigration-related decision, this time in a case challenging a Florida law criminalizing border-crossing by undocumented immigrants. The Court’s decision, denying the application for a stay, left in place a district court decision blocking part of that state law.

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