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Judge Suggests Trump’s Latest Birthright Citizenship Orders May Require New Lawsuit

The judge said the new orders target different groups, raising doubts that an earlier injunction covers the latest challenge.

  • On Tuesday, Judge Joseph Normand Laplante expressed skepticism during a New Hampshire hearing regarding whether The American Civil Liberties Union could continue challenging President Donald Trump's new executive orders, suggesting a new lawsuit might be needed.
  • Cody Wofsy, deputy director of The ACLU Immigrants Rights Project, argued the two new executive orders are identical to the first order the Supreme Court struck down, calling it a "continuing effort to strip birthright citizenship."
  • Laplante, nominated by President George W. Bush, expressed concern about the perception of the same judicial officer handling the Barbara case now addressing closely related birthright citizenship issues, suggesting "random assignment" would be appropriate.
  • Special Counsel for the Justice Department Brad Rosenberg stated the Trump administration's primary concern is efficiency, noting officials prefer not to expend resources on motions that may "very shortly become moot."
  • Earlier this month, Maryland Judge Deborah Boardman issued a preliminary injunction barring the executive orders, a ruling stemming from a separate lawsuit concerning Trump's initial 2025 executive order.
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Wisconsin Examiner broke the news in Madison, United States on Tuesday, September 22, 2026.
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