Case: Barbara v. Trump

1:25-cv-00244 | U.S. District Court for the District of New Hampshire

Filed Date: June 27, 2025

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Case Summary

This case is one of several challenging President Trump's effort to narrow birthright citizenship--the Fourteenth Amendment right to U.S. citizenship to individuals born on U.S. soil and "subject to the jurisdiction thereof." You can see all these cases here. On June 27, 2025, following the Supreme Court's decision in Casa Inc. v. Trump (where the Court narrowed the availability of nationwide or "universal" injunctions), the plaintiffs filed this class action suit in the U.S. District Court fo…

On June 27, 2025, following the Supreme Court's decision in Casa Inc. v. Trump (where the Court narrowed the availability of nationwide or "universal" injunctions), the plaintiffs filed this class action suit in the U.S. District Court for the District of New Hampshire, against President Trump, the Department of Homeland Security, the Department of State, the Department of Agriculture, and the Centers for Medicare and Medicaid Services. The plaintiffs were children who would be denied citizenship under the EO and their parents. The plaintiffs requested the court to certify the following class: "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, as well as the parents (including expectant parents) of those persons."

Represented by public interest counsel from the ACLU, the NAACP, and Democracy Defenders Fund, the plaintiffs challenged President Trump's Executive Order 14160, titled "Protecting the Meaning and Value of American Citizenship," alleging that the EO was a violation of the Fourteenth Amendment, which provides that "[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Specifically, the plaintiffs claimed that the EO (and the defendant agencies' attempts to implement it) were ultra vires under the Fourteenth Amendment and were contrary to law and in excess of statutory authority under the Administrative Procedure Act (APA). The plaintiffs requested the court to declare the EO unlawful, to preliminarily and permanently enjoin the enforcement of the EO, and to award the plaintiffs court costs.

The case was assigned to District Judge Joseph N. Laplante. On July 10, 2025, Judge Laplante certified a provisional class and issued a preliminary injunction barring enforcement of the EO against members of the certified class. The court certified the following class:

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 court narrowed the class requested by the plaintiffs, since it found that the plaintiffs "have not demonstrated by a preponderance of the evidence that the class should include “the parents (including expectant parents)” of the children denied birthright citizenship by the Executive Order." The court found that the "harms to the parents of children denied citizenship are (a) not the subject of the specific claims in the complaint, which refer to the Executive Order’s denial of citizenship to children, and (b) would not necessarily meet Rule 23(a)’s requirements for commonality and typicality, as the enumerated harms are factually and legally diverse."

Turning to the merits, the court found that the plaintiffs "have a strong likelihood of success on the merits of their constitutional and statutory challenges to the Executive Order based on Supreme Court precedent interpreting the Fourteenth Amendment in Wong Kim Ark and the ordinary meaning of § 1401 at the time of its enactment." The court agreed with other courts to consider the EO, finding that it "flouts the plain language of the Fourteenth Amendment to the United States Constitution, conflicts with binding Supreme Court precedent, and runs counter to our nation’s 250-year history of citizenship by birth." Therefore, the court issued a preliminary injunction barring the enforcement of the EO against members of the class. However, given the importance of the litigation, the court agreed to stay implementation of its injunction for seven days in order to give the defendants an opportunity to appeal.

	Document
1 1:25-cv-00244	Complaint for Declaratory and Injunctive Relief; Class Action L.R. 23.1	June 27, 2025	June 27, 2025 Complaint
65 1:25-cv-00244	Order Granting Preliminary Injunction and Provisional Class Certification	July 10, 2025	July 10, 2025 Order/Opinion 2025 WL 1904338

ECF Number	Description	Date	Link Date / Link
1	NEW CASE/ COMPLAINT Filing fee $ 405, receipt number ANHDC-2650111 filed by Susan, Sarah, Barbara, Matthew, Mark. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons - Waiver Summons - Admin of CMS, # 3 Summons - Waiver Summons - CMS, # 4 Summons - Waiver Summons - DHS, # 5 Summons - Waiver Summons - Sec DHS, # 6 Summons - Waiver Summons - Sec State, # 7 Summons - Waiver Summons - Sec USDA, # 8 Summons - Waiver Summons - State Dept, # 9 Summons - Waiver Summons - Trump, # 10 Summons - Waiver Summons - USDA)(Kim, SangYeob) (Entered: 06/27/2025) 1 Civil Cover Sheet Civil Cover Sheet View on PACER 2 Summons - Waiver Summons - Admin of CMS View on PACER 3 Summons - Waiver Summons - CMS View on PACER 4 Summons - Waiver Summons - DHS View on PACER 5 Summons - Waiver Summons - Sec DHS View on PACER 6 Summons - Waiver Summons - Sec State View on PACER 7 Summons - Waiver Summons - Sec USDA View on PACER 8 Summons - Waiver Summons - State Dept View on PACER 9 Summons - Waiver Summons - Trump View on PACER 10 Summons - Waiver Summons - USDA View on PACER	June 27, 2025	June 27, 2025 Clearinghouse
10	Assented to MOTION for Cody Wofsy to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650373.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Wofsy)(Kim, SangYeob) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
11	Assented to MOTION for Grace Choi to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650375.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit Affidavit of Attorney Choi)(Kim, SangYeob) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
12	Assented to MOTION for Hannah Steinberg to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650376.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Steinberg)(Kim, SangYeob) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
13	Assented to MOTION for Lee Gelernt to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650377.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Gelernt)(Kim, SangYeob) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
14	Assented to MOTION for Noor Zafar to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650378.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Zafar)(Kim, SangYeob) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
15	Assented to MOTION for Omar Jadwat to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650379.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Jadwat)(Kim, SangYeob) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
16	Assented to MOTION for Spencer Amdur to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650380.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Amdur)(Kim, SangYeob) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
17	Assented to MOTION for Stephen Kang to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650382.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Kang)(Kim, SangYeob) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
2	NOTICE of Attorney Appearance by Gilles R. Bissonnette on behalf of Barbara, Mark, Matthew, Sarah, Susan Attorney Gilles R. Bissonnette added to party Barbara(pty:pla), Attorney Gilles R. Bissonnette added to party Mark(pty:pla), Attorney Gilles R. Bissonnette added to party Matthew(pty:pla), Attorney Gilles R. Bissonnette added to party Sarah(pty:pla), Attorney Gilles R. Bissonnette added to party Susan(pty:pla).(Bissonnette, Gilles) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
3	NOTICE of Attorney Appearance by Chelsea Eddy on behalf of Barbara, Mark, Matthew, Sarah, Susan Attorney Chelsea Eddy added to party Barbara(pty:pla), Attorney Chelsea Eddy added to party Mark(pty:pla), Attorney Chelsea Eddy added to party Matthew(pty:pla), Attorney Chelsea Eddy added to party Sarah(pty:pla), Attorney Chelsea Eddy added to party Susan(pty:pla).(Eddy, Chelsea) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
31	SEALED Notice of Intention to Proceed by Pseudonym, L.R. 10.1(a) re: at Level II filed by Barbara, Mark, Matthew, Sarah, Susan.(ko) (Entered: 06/30/2025)	June 27, 2025	June 27, 2025 PACER
32	MOTION to Seal Notice of Intention to Proceed by Pseudonym filed by Barbara, Mark, Matthew, Sarah, Susan. Served on 6/27/2025. Follow up on Objection on 7/11/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Notice of Conventional Filing, # 2 Cover Letter)(ko) (Entered: 06/30/2025)	June 27, 2025	June 27, 2025 RECAP
4	Summonses issued electronically as to Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Administrator, Donald J. Trump, US Department of Agriculture, US Department of Agriculture, Secretary, US Department of Homeland Security, US Department of Homeland Security, Secretary, US Department of State, US Department of State, Secretary. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF)(jmb) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 RECAP
5	MOTION to Certify Class filed by Barbara, Mark, Matthew, Sarah, Susan.Follow up on Objection on 7/11/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law Memorandum of Law, # 2 Proposed Order Proposed Order, # 3 Exhibit (Affidavit) A_Affidavit of Attorney Wofsy, # 4 Exhibit (Affidavit) B_Affidavit of Attorney Bissonnette, # 5 Exhibit (Affidavit) C_Affidavit of Attorney Garvan, # 6 Exhibit (Affidavit) D_Affidavit of Attorney Lafaille, # 7 Exhibit (Affidavit) E_Affidavit of Attorney Fajana, # 8 Exhibit (Affidavit) F_Affidavit of Attorney Kao, # 9 Exhibit (Affidavit) G_Affidavit of Barbara, # 10 Exhibit (Affidavit) H_Affidavit of Susan, # 11 Exhibit (Affidavit) I_Affidavit of Mark, # 12 Exhibit (Affidavit) J_Affidavit of Attorney Tianna)(Kim, SangYeob) (Entered: 06/27/2025) 1 Memorandum of Law Memorandum of Law View on RECAP 2 Proposed Order Proposed Order View on RECAP 3 Exhibit (Affidavit) A_Affidavit of Attorney Wofsy View on RECAP 4 Exhibit (Affidavit) B_Affidavit of Attorney Bissonnette View on RECAP 5 Exhibit (Affidavit) C_Affidavit of Attorney Garvan View on RECAP 6 Exhibit (Affidavit) D_Affidavit of Attorney Lafaille View on RECAP 7 Exhibit (Affidavit) E_Affidavit of Attorney Fajana View on RECAP 8 Exhibit (Affidavit) F_Affidavit of Attorney Kao View on RECAP 9 Exhibit (Affidavit) G_Affidavit of Barbara View on RECAP 10 Exhibit (Affidavit) H_Affidavit of Susan View on RECAP 11 Exhibit (Affidavit) I_Affidavit of Mark View on RECAP 12 Exhibit (Affidavit) J_Affidavit of Attorney Tianna View on RECAP	June 27, 2025	June 27, 2025 RECAP
6	MOTION for Preliminary Injunction filed by Barbara, Mark, Matthew, Sarah, Susan.Follow up on Objection on 7/11/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Proposed Order Proposed Order)(Kim, SangYeob) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 RECAP
7	MOTION to Proceed Pseudonymously filed by Barbara, Mark, Matthew, Sarah, Susan.Follow up on Objection on 7/11/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law Memorandum of Law, # 2 Proposed Order Proposed Order)(Kim, SangYeob) (Entered: 06/27/2025) 1 Memorandum of Law Memorandum of Law View on RECAP 2 Proposed Order Proposed Order View on RECAP	June 27, 2025	June 27, 2025 RECAP
8	NOTICE of Attorney Appearance by Yuri Fuchs on behalf of Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Administrator, Donald J. Trump, US Department of Agriculture, US Department of Agriculture, Secretary, US Department of Homeland Security, US Department of Homeland Security, Secretary, US Department of State, US Department of State, Secretary Attorney Yuri Fuchs added to party Centers for Medicare and Medicaid Services(pty:dft), Attorney Yuri Fuchs added to party Centers for Medicare and Medicaid Services, Administrator(pty:dft), Attorney Yuri Fuchs added to party Donald J. Trump(pty:dft), Attorney Yuri Fuchs added to party US Department of Agriculture(pty:dft), Attorney Yuri Fuchs added to party US Department of Agriculture, Secretary(pty:dft), Attorney Yuri Fuchs added to party US Department of Homeland Security(pty:dft), Attorney Yuri Fuchs added to party US Department of Homeland Security, Secretary(pty:dft), Attorney Yuri Fuchs added to party US Department of State(pty:dft), Attorney Yuri Fuchs added to party US Department of State, Secretary(pty:dft).(Fuchs, Yuri) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 RECAP
9	NOTICE of Attorney Appearance by Brad P. Rosenberg on behalf of Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Administrator, Donald J. Trump, US Department of Agriculture, US Department of Agriculture, Secretary, US Department of Homeland Security, US Department of Homeland Security, Secretary, US Department of State, US Department of State, Secretary Attorney Brad P. Rosenberg added to party Centers for Medicare and Medicaid Services(pty:dft), Attorney Brad P. Rosenberg added to party Centers for Medicare and Medicaid Services, Administrator(pty:dft), Attorney Brad P. Rosenberg added to party Donald J. Trump(pty:dft), Attorney Brad P. Rosenberg added to party US Department of Agriculture(pty:dft), Attorney Brad P. Rosenberg added to party US Department of Agriculture, Secretary(pty:dft), Attorney Brad P. Rosenberg added to party US Department of Homeland Security(pty:dft), Attorney Brad P. Rosenberg added to party US Department of Homeland Security, Secretary(pty:dft), Attorney Brad P. Rosenberg added to party US Department of State(pty:dft), Attorney Brad P. Rosenberg added to party US Department of State, Secretary(pty:dft).(Rosenberg, Brad) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 RECAP
	Notice - ECF	June 27, 2025	June 27, 2025 PACER
	Case Assigned	June 27, 2025	June 27, 2025 PACER
	Conference Notice	June 27, 2025	June 27, 2025 PACER
	Notice of Hearing	June 27, 2025	June 27, 2025 PACER
	Case assigned to Judge Joseph N. Laplante and Magistrate Judge Andrea K. Johnstone. The case designation is: 1:25-cv-244-JL-AJ. Please show this number with the judge designation on all future pleadings. (jmb)	June 27, 2025	June 27, 2025 PACER
	NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (jmb)	June 27, 2025	June 27, 2025 PACER
	NOTICE of Video Conference. Conference set for 6/30/2025 at 03:30 PM before Judge Joseph N. Laplante.(ko)	June 27, 2025	June 27, 2025 PACER
18	Assented to MOTION for Zachary Heiden to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650482.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Heiden)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
19	Assented to MOTION for Adriana Lafaille to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650483.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Lafaille)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
20	Assented to MOTION for Christopher M. Lapinig to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650484.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Lapinig)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
21	Assented to MOTION for Winifred Kao to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650485.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Kao)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
22	Assented to MOTION for Kimberly W. Leung to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650486.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Leung)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
23	Assented to MOTION for Norm Eisen to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650487.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Eisen)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
24	Assented to MOTION for Tianna Mays to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650488.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Mays)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
25	Assented to MOTION for Morenike Fajana to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650499.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Morenike Fajana)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
26	Assented to MOTION for Ashley Burrell to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650500.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Ashley Burrell)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
27	Assented to MOTION for Elizabeth Caldwell to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650502.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Elizabeth Caldwell)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
28	Assented to MOTION for Morgan Humphrey to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650503.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Morgan Humphrey)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
29	Assented to MOTION for Mide Odunsi to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2650504.) filed by Barbara, Mark, Matthew, Sarah, Susan. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney Mide Odunsi)(Kim, SangYeob) (Entered: 06/28/2025)	June 28, 2025	June 28, 2025 PACER
	Order	June 28, 2025	June 28, 2025 PACER
	Order on Motion to Appear Pro Hac Vice	June 28, 2025	June 28, 2025 PACER

Case: Barbara v. Trump

1:25-cv-00244 | U.S. District Court for the District of New Hampshire

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