How the battle over birthright citizenship impacts Central Valley families

FRESNO, Calif. (KFSN) -- The legal battle over birthright citizenship has led to questions and concerns, often heard by Fresno-based immigration attorney Rachael Mendez.

"If we start with children born today and we are allowed to change the constitution and strip people born in the U.S. of their citizenship, where does it end?" Mendez said.

President Trump signed an executive order shortly after taking office focused on ending birthright citizenship, claiming the 14th Amendment that guarantees it was being misinterpreted.

Then last month, the Supreme Court ruled to limit the ability of lower courts to issue nationwide injunctions to keep the president's order from being enforced.

Fast forward to Thursday morning, when a federal judge in New Hampshire certified a class-action lawsuit, temporarily blocking the order from moving forward.

"This is a class action on behalf all interested parties, and that is just a legal term for anyone who is going to be impacted by this order," Mendez said.

But Legal Analyst Tony Capozzi says the battle is far from over.

"What is going to happen now is the government will make an appeal to the court of appeals back east," he says. "A three-judge panel there will make a decision on the judge's decision. From there, it will be sent to the Supreme Court of the United States."

Both attorneys say it's still too early to know how future rulings will impact the president's order and those who were born in the U.S. to undocumented parents.

"The government could take it up to the court of appeal, and it takes one judge to say they want to hold off this decision until we have a panel together. So different things could happen but at this point in time, everyone is safe," Capozzi said.

Capozzi believes it's going to be very difficult for the Supreme Court to rule against the Constitution.

He also says there may not be a definite decision on the order until October, when the Supreme Court meets again.

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