A federal judge in Seattle has temporarily blocked former President Donald Trump’s attempt to end birthright citizenship in the United States.
The ruling follows a 25-minute hearing on Thursday where US District Court Judge John Coughenour called the executive order “blatantly unconstitutional.”
The decision prevents the order from taking effect while further legal proceedings unfold.
According to BBC News, Judge Coughenour’s decision comes after four states—Washington, Arizona, Illinois, and Oregon—challenged Trump’s executive order. The order sought to deny citizenship to children born to parents who are in the U.S. illegally or on temporary visas.
The states argued that the 14th Amendment of the U.S. Constitution, which grants automatic citizenship to almost anyone born in the country, prohibited such an action. Judge Coughenour’s restraining order blocks the executive order for 14 days pending further legal actions.
Trump’s executive order on birthright citizenship
The executive order aimed to end the long-standing policy that grants citizenship to all children born on U.S. soil. Trump’s administration intended to apply the rule to children born to parents who are either undocumented or in the U.S. on temporary visas.
Legal filings indicated that the order was set to take effect on February 19th, 2025, potentially withholding U.S. citizenship from children born to parents in those categories. The administration planned to enforce this by restricting access to documents like passports for those deemed ineligible for citizenship.
States argue the order violates the constitution
The lawsuit filed by the four states challenges the order on the grounds that the 14th Amendment clearly grants citizenship to anyone born in the U.S.
The states argued that the president lacks the authority to alter the Constitution and that implementing the order would cause “immediate and irreparable harm,” such as making children stateless or subject to detention and deportation. Lane Polozola, a lawyer for Washington state, argued that Trump’s order would return the U.S. to one of its “darkest chapters.”
Legal path forward and potential supreme court involvement
The 14th Amendment, adopted after the Civil War, guarantees citizenship to nearly all children born on U.S. soil, with limited exceptions like children of foreign diplomats.
- The Department of Justice has argued that the amendment’s clause “and subject to the jurisdiction thereof” excludes children of undocumented immigrants, making the order constitutional.
- Legal experts predict the issue will likely be resolved in the courts, as changing the interpretation of the 14th Amendment would require a constitutional amendment. The Department of Justice has expressed intentions to appeal the ruling, potentially taking the case to the U.S. Supreme Court.
- In addition to the four states, a coalition of 18 other Democratic-led states, along with the District of Columbia and San Francisco, have filed separate challenges.
The American Civil Liberties Union (ACLU) has also opposed the order. This ongoing legal battle highlights the sharp divide over immigration policy and the scope of presidential powers regarding constitutional rights.
