Within hours of the ruling, which curbs nationwide injunctions, challengers filed new court papers seeking to block Trump’s plan via a different legal avenue.
Almost as soon as the Supreme Court released its ruling limiting the ability of judges to block Donald Trump’s plan to end birthright citizenship, challengers brought new legal claims seeking the same result by a different means.
While the court on Friday said judges cannot issue sweeping “universal injunctions” that can apply nationwide in many cases, it left open the option of plaintiffs seeking broad relief via class action lawsuits.
The American Civil Liberties Union filed such a lawsuit in New Hampshire on behalf of immigrants whose children may not obtain U.S. citizenship at birth if Trump’s order were to go into effect.
In a separate case in Maryland, in which groups had obtained a nationwide injunction, lawyers filed an amended complaint seeking similar class-wide relief for anyone affected by Trump’s plan within hours of the ruling written by Justice Amy Coney Barrett.
Getting people for these class actions is going to be tricky. It’s going to require a lot of really brave people, that are not nationalized citizens, to put themselves in Trump’s crosshairs.
I guarantee this administration is going to try to deport people who sign up for this class action.
Hopefully they can get adult children of undocumented immigrants who were born in the US. They have already had their citizenship recognized but the EO doesn’t say that it’s limited to new births so they should still have standing on the basis that, if taken as written, their citizenship is at risk of being retroactively stripped.
Disclaimer: ianal and could be completely wrong.