A federal judge in Seattle has issued a temporary restraining order blocking former President Donald Trump’s executive order to terminate birthright citizenship in the United States, citing its “blatantly unconstitutional” nature, CNN reported.
Judge John Coughenour, a Reagan appointee, granted the emergency request from Washington Attorney General Nick Brown and three other Democratic-led states. The order halts the policy’s implementation for 14 days, allowing time for further legal proceedings.
Judge Coughenour, in his remarks, expressed disbelief that such an executive order was signed, stating, “I have been on the bench for over four decades. I can’t remember another case where the question presented was as clear.” He added, “Where were the lawyers when this decision was made? It boggles my mind that anyone could assert the order’s constitutionality.”
The lawsuit argues that Trump’s executive order violates the 14th Amendment, which guarantees citizenship to all children born in the United States and subject to its jurisdiction. Lane Polozola, an attorney representing Washington State, highlighted the immediate impact of the order.
“Babies are being born today in the plaintiff states and across the country with a cloud cast over their citizenship,” Polozola stated, emphasizing the policy’s potential for “long-term substantial negative impacts” on children denied citizenship.
Polozola further criticized the administration’s lack of consideration for these harms, suggesting that the harm “appears to be the purpose” of the order. He also warned of the financial and logistical burdens that states would face if children were excluded from federal benefits due to their citizenship status.
The Trump administration argues that the 14th Amendment’s clause, “subject to the jurisdiction thereof,” allows the exclusion of children born to undocumented immigrants and certain non-permanent legal residents. Justice Department attorney Brett Shumate urged the court to avoid making a “snap judgment” and requested more time to present arguments.
“I understand your concerns,” Shumate told the court, “but we urge you to allow more briefing on the policy before making a final decision.”
The Seattle case is just one of several lawsuits filed against the executive order. Democratic attorneys general, immigrant rights groups, and individual plaintiffs have also launched legal challenges in states like Maryland and New Hampshire.
- Maryland Case: During a separate hearing, Justice Department attorney Brad Rosenberg acknowledged that federal agencies had not yet begun implementing the order. He explained that the executive order, issued only three days earlier, was still under review for necessary policies. A hearing in this case is scheduled for February 5.
- New Hampshire Case: The American Civil Liberties Union (ACLU) and other civil rights groups have filed a lawsuit seeking a preliminary injunction against the order. A hearing is set for February 10.
At the White House, Trump expressed his intent to challenge the ruling and defend the executive order, signaling that the administration is prepared for prolonged legal battles.
These cases mark the latest chapter in the contentious debate over birthright citizenship, with critics arguing the order undermines constitutional protections and supporters claiming it addresses immigration loopholes. As the legal challenges unfold, courts across the country will weigh the constitutional implications of altering birthright citizenship.