A federal judge in Seattle has temporarily blocked former President Donald Trump’s executive order aimed at ending birthright citizenship, calling the policy “blatantly unconstitutional.” Judge John Coughenour, a Reagan-era appointee, issued a 14-day temporary restraining order on Thursday, responding to an emergency request by Washington State Attorney General Nick Brown and three other Democratic-led states, CNN reported.
Judge Coughenour strongly criticized the executive order, citing the clarity of its constitutional violation.
“I have been on the bench for over four decades. I can’t remember another case where the question presented was as clear,” Coughenour said. He expressed disbelief that legal professionals had allowed the order to proceed, stating, “It boggled my mind that a member of the bar would claim the order was constitutional.”
The Democratic-led states argue that Trump’s executive order violates the 14th Amendment, which guarantees citizenship to all individuals born on U.S. soil who are subject to its jurisdiction. The lawsuit emphasizes that children born in the U.S. would face serious consequences if denied citizenship, including being excluded from federal benefits and experiencing long-term negative impacts on their lives.
Lane Polozola, an attorney for the state of Washington, stressed the urgency of blocking the order.
“Babies are being born today here, and in the plaintiff states and around the country, with a cloud cast over their citizenship,” Polozola said. He argued that the Trump administration not only failed to address these harms but appeared to have designed the order to cause such outcomes.
The states also warned of significant financial and logistical challenges, as children denied citizenship would be ineligible for federal programs, shifting those burdens onto state resources.
The Trump administration contends that the phrase “subject to the jurisdiction thereof” in the 14th Amendment allows the president to exclude the children of undocumented immigrants and non-permanent legal residents from birthright citizenship.
Justice Department attorney Brett Shumate urged the judge to refrain from making a quick decision, arguing that other challenges to the order were proceeding more slowly.
“I understand your concerns,” Shumate told the court, but he cautioned against making “a snap judgment on the merits.” He also argued that no “imminent harm” justified immediate intervention.
The case has reignited debates over the interpretation of the 14th Amendment and the broader implications of altering birthright citizenship. For now, the temporary restraining order prevents the policy from taking effect while legal challenges continue.
As the case proceeds, experts anticipate further legal battles over the constitutional interpretation of birthright citizenship and the limits of executive power.
